Do I have any right to insist on working only my notice period?

[zariyah]

I posted in chat and got some really helpful replies for which I’m, of course, very grateful. However, I’m lying awake, very tearful. I have a diagnosis of depression, so I’m aware that I’m not being totally rational at the moment. I’ve given notice on my current job. I am moving into a similar role in the same company, same pay grade etc.

Manager told me that due to lack of staff members, I may need to remain in post beyond my notice period. I am gutted as I’m unhappy in my role and they can’t even seem to tell me how long it might be which makes the whole thing worse.

My contract does not say anything about internal moves and notice periods. I’ve read the small print closely.

Where do I stand? Any advice please? I’m worried that it could be an endless amount of time as we have a recruitment issue in the area where I work.

I’d be really grateful for any advice, thank you.

So you’re not giving notice to terminate your employment, you’re just transferring internally? You don’t get to pick the date that happens I’m afraid.

Notice to terminate employment is a statutory and contractual thing, and they couldn’t make you stay employed beyond your notice period.

But internal moves are different and you don’t have any basis to insist it happens on or by a certain date. Normally it’s negotiated between the two relevant managers and normally it would be reasonably quick, but if your current manager has successfully pushed to delay your transfer date because of recruitment difficulties there’s nothing unlawful about that.

Do you have a letter confirming your appointment to the new role? If so, and if the delay drags on indefinitely you may have grounds to complain they are breaching your contract by not allowing you to move.

I would suggest you talk to the person who will be your new manager and find out their position on this. They are in a stronger position to negotiate your early release than you are probably.

I would also push your current manager for a date so you know where you are. If those two conversations don’t get you anywhere I would suggest speaking to HR.

A delay is fine, but it isn’t reasonable for it to be indefinite.

Thank you, that’s really helpful to understand.

I am not gutted about the delay as much as I am irritated by the unknown.

I do have a letter, yes.