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Original poster

Handed Notice In and All Hell Broke Loose...

691 replies

MyNameDefinatelyIsntJanet · 05/07/2018 09:05

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?

OP posts:

VelociraptorRex · 05/07/2018 15:03

As you say - interesting! Go you, sounds like you'd handled it really well! Did the MD say anything other than to apologise? Hope you're not feeling too sick now, adrenaline maybe

Emmasmum2013 · 05/07/2018 15:04

So are they going to try and find a replacement ASAP or wait 3 months?

NWQM · 05/07/2018 15:06

Personally I’d be waiting to see what your head hunter has to say about whether you can start your new job earlier before deciding anything. I’d also want their ‘offer’ of the change to your terms and conditions in writing. You need a clear understanding about what the change to consultant means. And - you did to think through whether you can do your job....which they say is strategic.... if you are being kept at arms length. You really don’t need grief for 6 months. Perhaps speak to a solicitor about the likelihood of any claim being made successfully against you for breach of contract if actually they are the ones changing the contract.

montenuit · 05/07/2018 15:06

Well done OP
I think what they've offered is fairly reasonable but if you really don't want to work from home (why not?) ask them to

allow you to work in the office until they have replaced you
release you immediately or
offer you gardening leave

Shefliesonherownwings · 05/07/2018 15:07

Lawyer here although not an employment law expert. Covertly recording is not admissible, it will be at the discretion of the Employment Tribunal as to whether the recording is allowed to be admitted. However, there is more and more case law about these recordings being admitted into evidence if relevant to the specific issue at hand, also if the recording demonstrates evidence of discrimination. Probably too late now for the OP if the meeting started at 2. Sounds like she's treating the meeting just right, fact finding only and make no decisions yet. Hope it goes well.

Shumpalumpa · 05/07/2018 15:07

CEO offers to match new job salary and benefits.

I strongly suspected they would want to keep you from leaving.

FuckPants · 05/07/2018 15:07

TBH I'm not surprised that they want you to stick to the contract in some ways.

TwoBlueShoes · 05/07/2018 15:07

My advice is to sleep on it.

Your head will be clearer tomorrow.

You handled the whole thing very well.

Messex · 05/07/2018 15:08

Woah WFH would seriously damage my mental health if I had to do it for that amount of time. I think I would point out that the role was an office job when advertised and not a full time working from home role?

nervousnails · 05/07/2018 15:08

That sounds reasonable. Why not accept their terms?

bearbehind · 05/07/2018 15:08

If it's industry standard that employees at your level are on 6 months notice and you mentioned they'd been looking for a long time, then there's pretty much no chance they will find anyone for you to hand over to.

I don't know the legal implications here but surely you can state you cannot do your job from home and if they don't want you in the office that's their problem.

From there hopefully you can agree a sensible leaving date.

DistanceCall · 05/07/2018 15:09

It doesn't sound that unreasonable on the company's part, to be honest. Even if you didn't mean to and they are idiots who didn't realise that you are not a good fit for the position, you ARE disrupting their work, and it's understandable that they don't want you physically around.

Why do you mind working from home so much? (I don't mean this aggressively, just as a way to see if you can find a work to make it work for you).

DistanceCall · 05/07/2018 15:10

*a way to make it work for you

Messex · 05/07/2018 15:10

Do you think your new job will keep the position open for you for six months? If not you may have the additional problem of finding another job...

Original poster

MyNameDefinatelyIsntJanet · 05/07/2018 15:11

This is the problem. The offer rests on my having confidence in them finding a replacement as soon as they can and not just keeping me employed on the promise of hiring someone 'soon'.

I would much, much prefer working from the office.

Also, the 'at your level' stuff: I'm not THAT senior. I think you're all picturing that I'm earning mega-bucks because I have 'head of' in my title and I mention that I'm valued here.. I'm on £35k a year not £350k! I do sit on board meetings and I'm responsible for commercial success of my department, but I am young and inexperienced at this level and my wage reflects that. I AM bloody good at my job though through a combination or extremely hard work perfecting and learning my craft and being in a job that suits the way my brain works.

Apologies if that disappoints those of you who are picturing a shitty little upstart too big for her boots.

OP posts:

TatianaLarina · 05/07/2018 15:11

I love working from home, don’t know what everyone’s complaining about.

Strawberry2017 · 05/07/2018 15:14

I can't believe this is how they are handling it, if you don't think you are right for the role then aren't you doing them a favour really by leaving.
I'm sorry they are doing this, they are completely unreasonable! X

missbattenburg · 05/07/2018 15:15

OP, there is no need for negotiation. You have a job offer for 1st January. You have handed your notice in and they can either

a) ask you to work it (from home or otherwise)
b) put you on gardening leave for the 6 months
c) release you early, though they still have to comply with laws re notice periods which I think is 1 week for someone who's worked for them for 6 months

If they'd wanted 9 months notice that should have been in the contract. They wrote it. They asked for six. You've given them six. End of.

If you want to push them further tell them your home is not an appropriate place to work (no desk, office chair, lighting etc.). Tell them they can buy these things have them installed/removed at their cost if that's what they want.

That said, working in a consultative capacity doesn't mean sat at a desk (to me). It means being available if needed. In which case, maybe use the next few months to do the house up, checking in on emails a couple of times a day?

RedPony1 · 05/07/2018 15:15

Do you think your new job will keep the position open for you for six months? If not you may have the additional problem of finding another job...

The new job isn't contracted to start until 1st Jan 2019, they knew she had a 6 month notice period

SinkGirl · 05/07/2018 15:15

Highly unlikely they’ll find a replacement but if they do, take the gardening leave. Sure, you can’t start your new job but that’s potentially 3 months on full pay to do whatever you like - that’s not an opportunity most people get. Use it to take courses, learn a new skill, volunteer (or if it were me, relax, have a longer holiday than you can usually take and recharge).

Shefliesonherownwings · 05/07/2018 15:16

I would go mad working from home for 6 months, the novelty would soon wear off so i get why you're not keen.

I'm not sure why they are saying they don't want you in the office overhearing new business/ strategy discussions if the new company is not a competitor so presumably not in the same line of business.

NotARegularPenguin · 05/07/2018 15:17

If you’d prefer to work at the office tell them you’re not prepared to work from home. I don’t think they can insist.

Gingerivy · 05/07/2018 15:18

I'm baffled why they would try to get you to stay when the MD so clearly now has an issue with you. That's not just going to go away overnight.

Mummyoflittledragon · 05/07/2018 15:19

I think you’re wondering if they’re hoping the silly girl will change her mind if we give her some space. In your shoes, I would ask for a few days grace to consider their proposal and consult with an employment lawyer pdq. In the meantime, get the headhunter to find out the earliest possible start date with your new employer and take it from there.

M3lon · 05/07/2018 15:20

I would let it sink in for a bit...don't make any decisions while you are shaken up.

I don't think they can insist that you work from home for 6 months if you don't want to. They will need to find a different way to meet their secrecy requirements.

You will have to work for them in the notice period if they ask it, but they can't make it horrible for you in the mean time.

I think its a massively encouraging sign that the CEO got the MD to apologise. I think this means they won;t tolerate bullying or horrible behaviour from the MD in the notice period.

So in short, I would not accept working from home if you don't want that, and I would wait to make a decision till the adrenalines worn off.

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