Handed Notice In and All Hell Broke Loose...

[MyNameDefinatelyIsntJanet]

I handed my notice in at work yesterday, it did not go the way I was expecting and I need to know where I stand legally.

For context, it's a fairly senior position, a big jump up the ladder for me and it took them 6 months to find someone to hire into my role before they got me. I've only been in the role 6 months. Over those 6 months, it's become abundantly clear that I'm not the right person for this particular role. They need someone with strategic skills and I'm a technician. I'm bloody good at my job and an industry expert, but they don't need that skill, they need someone who can do the big picture stuff with clients and that's not me. I've stopped enjoying the job and I do feel that it was mis-sold to me at the interview stage, but I'm not bitter about that. I tried it, it didn't work out.

I gave these reasons when I handed in my notice but my line manager was apoplectic with rage. She called me a liar and accused me of using her/ the company as a leg up and that this had been my intention all along (I'm going to an equally senior role in a much bigger specialist agency). This is completely untrue. The job I'm going to is a technical role and much more in line with my skill set but at the same level as now iyswim.

She walked out of the room and slammed the door behind her and told me to leave the office immediately. So I did and have had no contact since.

WTF do I do now? I haven't gone in to the office today but I've been responding to client emails as usual this morning as there's stuff I need to get done.

I've since realised I was never asked to return my signed contract when I was hired and found it in my collection of papers this morning. I have signed it, but they don't have a copy.

I REALLY don't want to go back to the office after yesterday, but I have a 6 month notice period so not having to serve this would be great. I'm not sure where I stand legally. I'm prepared to hitch up my big girl pants and go back in but I'm not sure if they're going to want that so my questions are:

Legally, do they have to pay me for my 6 month notice period even though they've asked me to leave the office (they haven't asked me to leave my position yet).

As they don't have evidence of my signed contract, do I have to serve out my 6 months?

I want to hand over things properly and make sure they've got a plan for my leaving, but should I even care about this after yesterday? I don't want to leave my team in the lurch

Also, the new company is not a competitor of any kind with my current one.

Help?

Ring ACAS they may be able to help better than we can.

Years ago I had a really go awful employer who wouldn’t pay me on time and was a horrible bully. I discovered I didn’t actually have a signed contract with him and faxed in my resignation and didn’t return. Was bloody awful place and person to work for.

Do you have a hr department? Contact them and lay out what happened yesterday, and ask for confirmation that your manager does not wish for you to work your notice period.

Contact HR and tell them what happened. Ask for confirmation that you are not required to work your notice period and that you will be paid, or if they are prepared to release you early by mutual agreement. Suggest a timescale for this that allows you to do a decent handover and say you'll be happy to work from home, if they require but also happy to work in the office olif your Manager can control their temper and not make it unpleasant.

This would not have come as a surprise to your employer if you had had a well-managed probation period. You would then have probably come to a joint conclusion through that process that you and the job weren't a good fit for each other. Equally, you could have told them about your concerns before you accepted a position elsewhere - was there a reason why you've done it that way round?

I would get in touch with HR and inform them your manager told you to leave the office immediately. You don't want to go on gardening leave, nor is it necessary given the new employer is not a competitor, but you are not sure what the company's policy is with regards to resignation.

I would then also clarify with your line manager what her wishes are. You left the office per her request yesterday but have continued to work from home to meet your obligations to the team and clients. How does she wish you to proceed.

Frankly even if you had used this position to leverage one at another firm - well, that's show business. It certainly doesn't warrant a tantrum and telling you to get out of the office immediately. I would certainly have wielded the word 'disappointed' with some force if someone had told me they were leaving after 6 months - but I would also have taken more care to make sure the employee was happy in the role, given how long it took to recruit into the position.

I would contact your hr dept to ensure your notice was handed over, advise them your line manager told you to leave and you’re seeking clarity on this as you’re interpreting that as gardening leave (Ie, you’re paid for the 6 months).

If you’re really wanting to leave earlier, let them know how difficult it was for you to come in after the scene caused by your line manager.

You can also ACAS for advice. There are statutory employment laws regarding situations where there is no employment contact. You may wish to get clarity from ACAS on that. Citizens Advice Bureau May also be helpful. They have a lot of information on line. Particularly this section

www.citizensadvice.org.uk/work/rights-at-work/basic-rights-and-contracts/contracts-of-employment/#h-what-is-a-contract-of-employment

As far as I understand it, the contract still stands even if they don't have a signed copy- they communicated the terms to you, you received and understood them, and you've been working for six months in accordance with those terms.

Is your manager senior enough to be able to tell you to leave and not come back, or would she/he be supervised by someone else? As others have said, I'd email her and HR and say: as communicated yesterday I'm giving my notice, for the following reasons, I'm aware my notice period is six months: your reaction leads me to understand you would rather I left earlier, please can you outline your proposals? I'm happy to facilitate x y z.

I also think I'd come back in the office- you don't want to give them ammunition to say you arbitrarily stopped work.

Sounds like she’d rather you went on gardening leave?

My manager is the MD. There isn't a formal HR professional in role, there's an office manager who is training to be the HR person but it's very informal. I've had numerous conversations with my MD, CEO and mentor about my reservations about the role since Feb but the answer has been 'wait and see how it goes' since. Feedback on my performance is always over-positive too and not helpful. I think they think it's going a lot better than I do.

I've sent the below to the MD and the CEO and copied in the HR person:

Hi,

Further to my conversation with (MD) yesterday, I have handed in my notice.

As discussed, after thorough assessment and further to conversations with (MD) and (mentor's name) over the last 6 months, I've made the assessment that the role isn't quite the right fit.

I'd like clarification on the next steps and your wishes for my notice period. I'd like to return to the office and handover ongoing projects and I'm happy to work my full notice. If this isn't in line with your expectations, I'm equally prepared to come to a mutual agreement of an end date that will cause minimal disruption to the team.

Please let me know your thoughts and I'll continue to perform my duties as normal until I hear from you.

Thanks,

NotJanet

Annnnd now we wait. FFS.

As far as I understand it, the contract still stands even if they don't have a signed copy- they communicated the terms to you, you received and understood them, and you've been working for six months in accordance with those terms.

Yes, that’s right. Otherwise they could have legally knocked a zero off what they paid. ;)

Very sensible email. Hopefully your MD will have calmed down and started behaving like a grown up now.

As if behaving like that would make you change your mind right?

Ok good, so I can ignore the contract thing.

Had a reply:

NotJanet,

We need to have a discussion internally about where we go from here. As I'm sure you appreciate, your notice is very disappointing and we need to work out a way forward.

We'll be in touch shortly.

CEO.

I bloody hate this. I don't feel like I've done anything wrong and in the long run I'm probably doing them a favour. I've given very clear feedback on why I want to leave and even given them a good indication of the direction they need to go in hiring my replacement.

I need to vent, sorry.

They hired me because of my technical knowledge as the head of a new department and a new arm of the business in effect. I was tasked with building out that departments' clients, but assured that in the meantime there was plenty to work on for existing clients we had.

I got here and there was 1 client who wanted the services I provide. 1. Their level of investment in this service is minimal in the grand scheme of things and getting them to agree to any changes is a massive uphill struggle. This means I can't do the clever shit I actually want to do and just get bogged down with the day to day stuff.

In the meantime, they wheel me out at meetings like a circus curiosity to 'sell' my service at every available opportunity to people who don't know the first thing about what I do. It's an incredibly technical and nuanced field, but because neither the CEO, MD or directors know the first thing about it, they think it's applicable in every situation and when I try to guide them on it's capabilities, I get push back and 'well there must be some way we can apply it'... yes there is, but THAT'S NOT THE POINT.

The upshot is they just don't serve the type of clients who need my services but because they've built my service into their vision for the future of the company, they try to shoe-horn it in and sell it to clients who just don't qualify.

I'm frustrated, demotivated and tired and when ever I bring any of this up, I get 'it's early days, give it time'.. erm NO. I will absolutely not pause my career and my own development because you won't take the time to understand the service I provide even though you reckon it's the future of the company.

It's not, stick to what you're good at or change the focus of your new business to include clients who are eligible!

Bah.

I'd also complain about the MD's reaction and behaviour towards you. Nobody needs rage directed at them, doors slammed and to be called a liar. It's totally unprofessional!

Their disappointment is not your concern.

I'd stop right there.

Do not answer any emails, and do not go into the office.

It is your prerogative to leave, they do not own you.

Enjoy the sunshine, and if they contact you in the meantime, go with it and negotiate an early release.

You've behaved perfectly well and very professionally. The ball is in their court now, I'd just enjoy the sunshine until they come back to you.

If she can't cope with someone resigning (regardless of circumstances) without behaving like a toddler she shouldn't be an MD!

Yeah I think I'm done.

They'll have a meeting today about me and the outcome will either be negotiated early release or gardening leave I suspect. I hope it isn't gardening leave, there's a clause in my contract which prevents me from being formally employed elsewhere while I'm employed with them so I'd have to sit at home doing nothing until the new year , mentally I don't think I can handle that, it would be awful.

I can't see why they'd do that though? They'd have to pay me but wouldn't get any work out of me so seeing as I'm not going to a competitor, what would they gain other than making my life miserable for a while?

New company hired me on the basis of a 6 month notice and my contract with them will start on 1st Jan so I don't see why they would go with that option?

Mutual agreement would be good, I could take the summer off and start at new company in September, that would be great..

This happened to me once. I reported to the MD and he stormed off when I resigned. He didn’t ask me to leave, but ignored me for the duration of my notice, including management meetings 🤣He was a dick, sounds like yours is too.

I would send an email to MD and HR to find out how they want to manage your notice. The fact they don’t have a signed copy of your contract isn’t relevant as you have both been adhering to it during your employment.

Good luck!

If you pretend that you want to get out early they may well keep you on GL for the full 6 months. If you say 'gosh I wasn't expecting 6 months off work' [tinkly laugh] they might well just let you go.

I think they could make my notice period very uncomfortable if they force me to stay in role for the duration.

I think they could make my notice period very uncomfortable if they force me to stay in role for the duration.

Well, that is their choice to make - fake it til you make it.

Your email was spot on and to be fair, I think the CEO's reply though brief, is fine as a holding statement. Clearly your resignation has been a real shock to them and as the CEO says they need to decide what to do next - perfectly normal. I imagine they will be meeting today and will get back to you pretty soon.
Not sure where this leaves you in terms of going into the office and actually doing your job. You can either seek specific clarification on carry on from home/office as you see fit. Horrible situation and I understand your bosses frustration, but their behaviour was totally unprofessional and you have done nothing wrong.

I've had another email

Dear NotJanet (My full, formal name)

We would like to invite you in for a discussion regarding the recent submission of your notice. This is a formal meeting and as such you are entitled to bring a colleague or your union representative with you.

We are required to give you 24 hours notice of this meeting so as such, we have scheduled this for 12 noon on Friday 6th July. If you would like to organise this for sooner, please let us now and we are able to facilitate a meeting at any point this afternoon.

In attendance will be myself, (CEO) and (MD).

Please let us know your preference at the earliest convenience.

Regards,
(HR woman)

I really want to go in this afternoon...

That sounds deliberately intimidating. Insinuating that you may need the services of your union rep at a meeting to discuss you giving them notice is quite bizarre.