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?

Maybe they are going to double your pay and beg you to stay 😬

Placemarking

She’s not been reasonable at all resigning 2 days after probation and I don’t think she’s been that professional, to be honest.

If they couldn't figure out in 6 months, with continuous feedback, that this senior staff member wasn't a fit, then frankly, that's their lookout - as is the 6 months notice period. Extending a 6 month probation is ridiculous unless someone is underperforming (and the idea that an employee would is very odd - why would an employ disadvantage themselves this way?)

OP's done nothing wrong, and as I've climbed the ladder myself, I've found that 1) if you don't ask, you don't get and 2) Companies rarely act as altruistically as people here seem to be asking OP to.

Contracts exist for a reason. You have given 6 months notice, which you are prepared to serve - if they don't want you there, that doesn't change anything, they should pay you for it, and that's the starting point of the negotiation.

Thanks laptop and drmantis. Have been meaning to see GP about stress but was worried how it would look to employers.

Good luck OP. They sound like a bunch of amateurs.

I'm not sure of the ins and outs of this, but I hope they're not giving you too hard a time, OP. Twats.

Shameless placemarking.

SleepWarrior
Nothing covert about the recording.
It would be on the table and stated as being for the record as the person would not be accompanied by union / colleague
Is that allowed?

The OP is perfectly entitled to resign from a job at any time as long as the follows the contract. She’s done nothing wrong here.

Hope they pay you off!!
Good luck in fact finding.

I do note that you sound very, in fact extremely confident for 27 dfuq? she's 27 not 17! patronising much?

Another shameless placemark!

DOn't know how right or wrong it is, but I was once told to ask to record meetings and suggest that the other side also record the meeting as well, so that everybody has an accurate record of the meeting to go back and check up on, rather than having to rely on different people's memories of the day, which, even with notes, can be subject to interpretation...

whereas if you both have a recording of the meeting, it makes it very difficult for both sides to be able to change anything...

And also suggesting it a move for 'mutual benefits' rather than to protect you because you know they are liars and out to trap you (or words to that effect ) - shows that you are being open and helpful, especially if you drop in comments like 'it's not like there's anything either side need to hide is there ' because how can they say no to that! And it also means that rather than having to minute the meeting accurately which can mean that you/your notetaker miss out on some bits, you can concentrate on jotting the points down that are important, formulating questions about them etc and know that you can do the actual minutes afterwards.

Definitely write up the minutes though - and be the first ones to get them sent out to make sure the meeting is reflected the way you would like it to be.

I'm really invested in this now! Waiting eagerly for post-meeting update.

Pretty sure in the UK you could covertly record it - especially if you're in the room, and it would be (at most) a civil offense of invading privacy as a private individual (although if they were more savvy, they might have something in the contract against it)

From the back of my mind, it's up to a tribunal to decide if it can be used in evidence though.

But this wouldn't be for use in evidence directly as an audio recording, you could transcribe it straight after.

I do know that a relative is a parish council clerk and refuses to record anything (won't even take a laptop into a meeting, just in case), taking minutes instead, as the advice she's been given is if it's recorded, then that recording has to be kept and made available as a public record.

Re recording, it's very likely that an employer would terminate any meeting where recording had not been pre agreed. If they did agree then you'd need to ensure they had a copy too.

Re covert recording, strictly speaking it is not admissible but there are plenty of examples of tribunals accepting transcripts of such conversations. It would be at the discretion of the panel chair.

although if they were more savvy, they might have something in the contract against it

Any such clause would be void for unreasonableness.

I do know that a relative is a parish council clerk and refuses to record anything (won't even take a laptop into a meeting, just in case), taking minutes instead, as the advice she's been given is if it's recorded, then that recording has to be kept and made available as a public record.

Your relative is confused. If a recording is made and stored then, as a public body, it may be possible for an individual to request a copy under the Freedom of Information Act. However there is no obligation for such a recording to be kept, it would not be unusual (or unlawful) for a secretary/ clerk to record a meeting to type up later, and then delete the recording.

Totally agree Haint - I'm kind of horrified at how many people seem to be determined to take the OP down a peg or two for daring to be confident in her worth and abilities.

I work in a very technical field and by 27 (if they've gone in to it straight from uni) there are very definitely some who are obviously shit hot technically and are going to fly. We also have plenty of people in senior roles who couldn't strategise their way out of a paper bag because clients strongly value technical ability but also like that to come from people of a senior grade to give it sufficient gravitas.

she'd be entitled to 6 months pay due to a PILON ('payment in lieu of notice') clause...obviously, this playing out perfectly in practice depends on the OP maintaining a facade that she wants to carry on working there, but the company wanting her out.

Personally - and, again, I'm speaking strictly from my point of view - I wouldn't ask for that unless I was fully willing and happy to work for the remaining 6 months in the company.

The best course of action is clearly going in, listen to what they have to say, and get back to them after you can talk to someone and have a think, OP.

As other PPs have pointed out, there is no need to burn bridges unless the current company becomes abusive. They have been pretty stupid and rude, but not abusive, so far.

So that was interesting.

Got to work, went straight to the room as instructed and sat down and within 30 seconds the CEO and MD arrived with my colleague all together . I reckon they'd had a pre-meeting with my colleague to brief her on the details.

Anyway, it was friendly although MD was stand-offish. Hr woman wasn't in the meeting so I asked about her and they said she wouldnt be attending as planned. Fine.

My colleague took notes but didn't say a word throughout. I understand though, she doesn't want to piss anyone off because she wants to keep working there, I wasn't expecting her to fight my corner or anything.

In brief and in order:
MD was forced to apologise to me for her behaviour yesterday.

CEO reiterated that I'm an asset they're keen to retain and he hopes we can reach a resolution that suits everyone. I responded that I hope that's the case too.

CEO offers to match new job salary and benefits. I thank him for the offer but my decision to leave is not financially motivated.

CEO asks if there's anything they can offer to encourage me to retract my notice, I say not and reiterate that as previously discussed, I feel there's a fundamental disconnect between my skill set and the role.

CEO appears to accept this but says he strongly disagrees and this is kind of where it went south.

CEO stresses that obviously I have a 6 month notice period to serve and a responsibility () to ensure the service to clients is not disrupted in the meantime. He would like my service to clients to continue, but MD strongly objects to my presence in the office due to the conversations I'll be privy to around new business/ strategy.

As such, he'd like to find a middle ground that suits everyone, so would I accept 3 months working from home in a consultant capacity followed by 3 further months gardening leave subject to them finding a suitable replacement. If a suitable replacement is not found within 3 months, I'd need to continue as a consultant for the full 6 months/ until they find a replacement but no longer than the 6 months obviously.

I said I appreciated their compromise and I'd get back to them by EOP tomorrow after I'd sort out advice. No mention has been made about the timing of my notice going in or probation or anything

I left, drove around the corner, got out of my car and threw up in a bush .

I will absolutely hate working from home for 3-6 months and MD knows this. I think at this point I'm happy to accept his terms to be honest, but I'd be happier if I could work for 3 months or until they found a replacement and then be released from my contract as soon as I've handed over sufficiently.

Not sure I've got the balls or the inclination to fight it though?

Do I just accept?

Currently sat in my car in a lay-by smelling faintly of vomit trying to figure out how the fuck i got into this?

I handed my notice in, that's all!

Good luck OP.

I find it interesting to see the different ways posters wish you’d behaved and negotiated... it taps into a broader issue about the way women are expected to weaken their hand deliberately. And take on the responsibility for the outcomes of all participants, even when their combatants are not playing fair at all, or taking account of the woman’s wellbeing at all.

Partly because some are hypothesizing I think, so looking for a gold standard on both sides, but with only one side to communication to. And partly because women are expected to behave in ways that end up clipping their abilities to put themselves forwards in negotiating.

Oh and probably a large dollop of never having met a small company run on egos, and no proper hr function! These sort of companies are a law unto their selves.

I have no doubt that you are walking into an extremely awful meeting!

I resigned from one similar a decade ago, for an amazing job opportunity, having expressed clearly my concerns about the lack of progression opportunities for me at the little boutique consultancy I was at... for the last 18 mths. Oh and also having a private word with the md pointing out a massive gender disparity in salaries and progression, which he responded to by giving me a hug and saying ‘but you’ll not leave us will you, you don’t need dirty money to keep you committed!!!!! Errr, turns out yes i bloody did!

Anyway, when I handed in my notice, he took it incredibly badly, flounced then didn’t speak for days, finally he called a board meeting and then met with me to refuse my resignation! He offered me £500 more a year and asked me to return to my desk, like I was a naughty schoolgirl, not a highly qualified professional! He was gobsmacked when I politely informed him that I didn’t need his or anyone else’s permission to resign and my resignation dates still stood. It was only then that light dawned and he actually realised he had no way to keep me. And oh the throwing of toys. Honestly it was as if I was breaking up with an emotionally controlling ex rather than simply moving positions. It took him years to be able to talk to me properly. Apparently in that guard meeting they’d decided that my new job didn’t exist as it sounded ‘too good to be true’. They did revise their internal structures after I’d gone, and they finally had a dose of reality, so I guess the next woman in had a better time than myself.

But anyway... hope it’s gone ok.

If you don’t accept it I guess they could make you work at the office for six months? Could you refuse to work from home but say you’ll be happy to work at the office? Would you prefer that? Do you think if that’s what you said then they might let you go early of one of them doesn’t want you physically there?

To be fair, what did you actually expect? You’re contractually bound to work your six months notice, and at your level; I would have fully expected the entire period to be gardening leave.

Ah crossed posts!

Well done for getting through it.

Nothing too bad then, it definitely could have gone worse!

Will have a think about any ideas for what you suggest in response ... working from home for so many months sounds pretty grim, can’t you work in the office but not be privy to some key conversations and meetings?