Given notice at work

[Forgotwhat]

My work has given me my notice - 3 months and I’ve been there under two years-so I don’t have a leg to stand on.

I don’t desperately need the money-can I just go? I don’t really want to carry on working for them for another 3 months to hand things tidily over to other team members etc.

Basically I have set up a department and way of working for them, and now mostly the grunt work is done they want stuff taken over by cheaper members of staff (basically I am redundant with no redundancy rights) it’s all fine, I just don’t really want to spend three months training people how to do my job and showing them the tricks of the trade when they’ve decided to end my employment.

can I just say that’s absolutely fine, I don’t need a notice and I am happy to forgo that and leave today? I know if I give notice I have to work it- but this is different the decision to go isn’t mine-so I don’t feel I need to honour it?

Also phone acas...

@BlockbusterVideoCard You might be prepared to go back to work for somewhere that made you redundant after less than 2 years but that would be an absolute no for me. I would happily torch the bridge with an employer like that. This employer has absolutely no integrity whatsoever and will absolutely do this again and again until they start struggling to recruit because of their reputation.

It depends how specialised the system is and what op’s skills are. It’s perfectly possible she’s skilled at running the system but not a natural trainer. It’s not been part of her role so far, they said no when she asked if she could show a colleague part of what she does do she had cover on annual leave.
It also depends on her colleagues skills and experiences.
If they are expecting a junior to hit ground running at a senior level then it’s not going to happen.

Nothing actually happens if you don’t work your notice period (except forgoing payment for the notice period obviously). If you don’t want to work it and don’t need the money, simply don’t do it.

You must have some rights, even before two years are up. That seems a long notice period; standard is a month.

If you don't need a reference or the money, there is no way an employer can make you go in and work. They only have one card to play and that is not paying you, anything else is empty.

If I were you I would book any annual leave to be taken immediately - it's reasonable, most people would be looking frantically for another job.

Use the time off to get advice and think about what to do.

I would almost certainly end up signed off sick with WRS because I would be pretty upset; I find treatment of this kind very distressing and hard not to take personally. I certainly would not feel any obligation to this employer.

Best thing is to get another job that starts immediately. It stops you thinking about it.

They have got a bit of a cheek and ican understand your point of view. Check your contract. Weigh up the risks of a not great reference. And the chance of damage to your reputation. If they arent worrying you then just leave.

Do you need a reference from them?

Is it worth jeopardising that?

Good for you! I wish you all the success in your new found freedom.

Do employers withhold references often? I can’t imagine it’s worth the hassle - ex employees calling up and taking time/resources to argue their case. Surely even if you leave early, thereafter they just issue the standard tombstone - dates worked from / to, the end.

Because at these later dates, the employer has nothing to gain from being difficult about a standard factual reference. Most employers, particularly large employers, don’t bother holding a grudge once the employer has left do they?

That’s never been a thing!

Your notice period is whatever your contract says, or the statutory minimum, whichever is greater.

Hi OP - sorry to hear that, it is really crap!

I think I would take the 3 months notice but not make much effort and use the time to find a new job!

While you may not need a reference, in my experience EVERY workplace I’ve ever been in I have met old colleagues so I’d try to keep my exit undramatic to avoid creating gossip

Prep for interviews etc on company time: when my team were out on notice (private sector) we were all told 2 days a week was reasonable

You are not employed as a trainer so whilst I would not refuse, I don’t think anyone can expect you to be very good at it!

To add, I was in a very similar position once. I issued a redundancy counter notice - said I’d found a new job, needed to take it up early for ongoing future financial reasons, and therefore I was shortening my notice period.

i also put in the bullshit about willing to do a full handover. They didn’t argue. I too was just under 2 years service.

Re the training / handover - a good / bad handover is subjective. If you can’t be arsed and it’s lacking, they can’t do or prove anything. Can’t exactly put you on performance management while you’re already working redundancy notice!!

An awful lot of companies do this rather than pay contractor rates- but yes it sucks!! I can't see what they could do other than not pay you- which you aren't fussed about- I think I would say that you would prefer a month just to do a handover - better to keep it sweet and think 'f* you' in your head

I’ve just taken voluntary redundancy and the month’s PILON I was paid was taxable, I think this is is a fairly recent turn of events though. I didn’t get taxed on the redundancy for the first £30k.

A friend of mine worked for a company that never issued references for anyone. It was shit for a number of other reasons too

Ah, but while OP is doing this training, who is dealing with OP's regular workload? Effectively she is bring asked to undertake more than usual?

OP how much "spare" time do you currently have - or can make - in your working week? It might be an hour I suppose at a push ...? How well can you train someone in an hour a week?! 😎

I agree with this. Maybe the Op has a protected characteristic, or has carried out health and safety activities? Or raised a workplace concern? Could this have prompted their decision to let her go immediately before 2 years are up and without any process?

It doesn't matter whether it has or it hasn't, the point is to look for grey areas of any evidence which suggest that the Op might have an unfair dismissal claim. She could use that as a negotiation tool and seek an amicable conclusion....tell the employer that she is 'concerned' on their behalf about the circumstances and feels duty bound to let them know about the reputational and legal risk to their organisation.

Yes it's bullshit...but the employer can't prove that. The Op could use that as leverage to get a better deal, perhaps an extra payoff, paid time to attend interviews, a positive reference detailing all the good work she has done; she could even offer to draft it herself for them to sign (I did this at one previous job....factual but glowing!!)

All in return for her dedicated work until her last employment day in meeting agreed targets and completing tasks, and ending on a positive note. Win-win.

That takes me back to the last days of one role. A month of doing nothing but the Manual. Making the manual beautiful and easy to read and uneditable. Oh, and completely useless without additional manuals in structural engineering, network engineering, electrical engineering, electronics, physics, logic, programming, a 3D exploded model in multiple layers of half the site in your head and having 'the knack' of knowing exactly the tiny variations in pressure and motion with multiple running repairs in order to adapt to issues on the fly without the console doing a big, noisy NOPE.

Low skilled job that any idiot could do, right? I've done the manual. It shows you exactly how I got things to work - excluding the stuff outside the screen grabs as that didn't count, apparently. And it won't work like that for anybody else because although I've made a point of showing the settings, that doesn't take into account all the other external things they were dependent upon. Should take about five years for you to work those out. I've included details of what to do/how to avoid the really dangerous thing for the protection of those attempting this, though, as I'm not being held responsible when you ignore that part of the manual.

I sincerely hope you don’t actually work in HR.

OP discuss with your employer, they might be willing to release you early. Do you/can you work from home? I’d do the bare minimum work from home you can, and job hunt during the day.

If they want you to do training tell them you don’t have time, you are working at full capacity. Send them a list of your tasks and the consequences of each one not being completed, ask which ones you shouldn’t do in order to facilitate training.

We had someone in my office that had worked for us for 18 months, clearly hated what they were doing and only just did enough to keep their head above water. We were told categorically by our HR that you cannot just get rid of someone even under 2 years service, without good reason. You have to go through a capability process, and only if they fail that can you fire them.

Definitely speak to ACAS or if you have legal on your home insurance speak to them, mainly so that you know where you stand.

Well that’s clearly balls. You can sack someone with less than 2 years service who demonstrates poor performance perfectly easily.

You said somewhere it is a small business, have you actually spoken to them about how you feel about their timing and you being expected to train someone up to do your role that is not being paid as much as you?

Sometimes communicating helps you understand what’s going on.

you may be 100% right with what you’re feeling, but this may not be the case?

It is what it is - under 2 years you have very limited rights. I’d think a lot of people would wish they had 3 months to find a new job. It could be only 4 weeks.

I’ve known someone to do this. Perfect handbook, voluntarily speaking extremely technical during that time, incomprehensible for novices but technically perfect instructions. No issues, although the guy was very senior and didn’t need references in any case I think, I don’t know if this kind of approach would affect the references

This. There is a difference between the period of notice an employer has to give an employee (under their contract) and the reverse. They might have to give you three months notice but you may be able to exercise your statutory period which I think is a week, unless your contract says otherwise. Although obviously you'll lose that three months pay.

If there's nothing in your contract, then I don't blame you. Give them a written week's notice then walk.