Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Work

Chat with other users about all things related to working life on our Work forum.

See all MNHQ comments on this thread

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 Sad

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

Help?

OP posts:
Iamagreyhoundhearmeroar · 05/07/2018 16:18

Why would your standards slip by being required to work out of the office?

CharlieParley · 05/07/2018 16:18

NotJanet I WFH and it can be lonely at times and hard to stay productive and motivated. Which is why I'm on here instead of working (rolls eyes at self). If you know it would be bad for you beyond that, then don't agree to it.

What they're proposing is those conversations happen without me, are communicated to me via email and I produce work and send it back to them without getting an overview on the whole project.

I've done that on a project for a client. It was shit. I told the client it would limit my abilities to do what they needed me to do, but they did it anyway. With entirely predictable results. The frustrating thing was that they hired me to advise them on the strategy as well as to produce but then ignored my advice completely. Which pushed them ever closer to the cliff, unfortunately, but I learned a lot from that business relationship...

TalkinPeace · 05/07/2018 16:18

Op I think you're making a big drama about working from home.
I think that MASSIVELY depends on the job.

I am an accountant - I can easily work from home.

If the OP is somebody whose work can only operate in a team setting then isolation will not produce results.
There are many web art design type jobs that can only be done well by bouncing ideas off people
I've seen the results of them being done by a solitary soul ....

LonelyGir1 · 05/07/2018 16:18

They sound like a holes. Are they a small company? They sound like a small consultancy firm and, as they're so unprofessional you can feel comforted by the fact you're dong the right thing!

I had a similar rubbish experience at a small firm...I'm still sorting out tax repayments from when they messed up my code. HR is incompetent there too!

Good luck tomorrow. Take notes and remain level headed. The less you say the better.

colditz · 05/07/2018 16:19

fuck me

was the MD under the impression that you're a 17th century indentured servant?

CharlieParley · 05/07/2018 16:21

AnElderlyLadyOfMediumHeight Ah, yes, I get your point now. Thank you for explaining it to me (not enough coffee I think. Or too much sun...)

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 16:21

Nah it's very unlikely they'll find a replacement in the next 6 months, I'm banking on their option resulting in full 6 months from home.

Maybe I am too strongly against working from home, I've only ever done it for a day a week at most but I know that when there's less than a full days work to do, I really struggle to stay motivated.

I would do it, the thought of it stretching out for the next 6 months is daunting though. 6 months without contact with no face to face communication about my work?

OP posts:
timeisnotaline · 05/07/2018 16:22

I don’t know about all this agreeing and negotiating. The op has a contract with 6 months notice, if they want her to work 6 months then she has to ?

OliviaStabler · 05/07/2018 16:25

OP I'd find out exactly what they mean by you being a consultant. That sounds to me like they will only call you as and when they need your expertise and you would not be working all day like you are at the moment.

Best to check before you decide.

bearbehind · 05/07/2018 16:25

What is the legally situation here if the OP just told them to shove it?

Given the new company know what's happening and are willing to take her on straight away.

What's the worst that could happen?

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 16:25

Timeis yep, ultimately they can force it but it's not really in their interests to do so if I can't be effective in role and they're paying me for it. If they think it through, they'll come to the table and talk to me.

Yes it's a small company.

OP posts:
Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 16:26

Olivia good point, I'll email CEO now and find out.

OP posts:
PlausibleSuit · 05/07/2018 16:27

I have been in a situation somewhat similar to this.

I could see an argument that the option they've presented you with is not reasonable. Based on what you've said here (which I appreciate isn't everything). Companies tend to forget that contracts are agreements between two parties, for the protection and security of both, and not a list of rules about How To Work At CompanyX.

I highly recommend you take the advice of an employment lawyer.

Atalune OP is contractually obligated, not legally obligated. Not everything in an employment contract is law. Any contract can be varied as long as both parties agree, and that includes ending it early. I've negotiated truncated notice periods in the past.

PuppyMonkey · 05/07/2018 16:28

What do you care about “getting results” and “staying motivated”? You’ve already said it hasn’t been working and now you’re off - sit at home and watch Countdown and Judge Rinder for a few months and leave them all to it in the office.Grin

glintandglide · 05/07/2018 16:28

Tbh OP if you have to work from home for the next 6 months I’d just do the bare minimum and treat it like a semi holiday. They must know that’s what you’ll do too

Cantsleeptooloud · 05/07/2018 16:30

Is there any training/learning you can complete in the next 6 months to keep you occupied?

CharlieParley · 05/07/2018 16:32

LonelyGir1 I'm still sorting out tax repayments from when they messed up my code.

I feel for you Flowers That happened to my DH and the startup he worked for managed to both overpay and underpay his tax but either way the financial hit was harsh at the end of the year. Now I check all the coding notices and compare them to the code on wage slips obsessively. Hope you get it sorted soon.

OhHolyJesus · 05/07/2018 16:32

The contract wasn't signed and returned so doesn't there mean there is no contract in place and it's a matter of negotiating what suits all?

Frankly if they are paying you they should want to get their monies worth and have you in the office to get maximum value.

I agree with PP that private conversations about strategy etc should be managed by MD - and as the OP is leaving to a non-competitor then I don't know why it matters if she did overhear something.

OP - would you feel comfortable negotiating a wfh structure where you are in the office one day a week for 3 months and then say you need to leave at the end of that 3 months. As the contract is not enforceable you really would be giving them 3 months to replace you when as you have been there for a short time you could just walk out and they would be stuck. As unprofessional as that may seem, you are a person, not a robot, you have resigned and have showed willing to work your notice but you do not accept their conditions and you don't owe them anything considering how they ignored or played down your concerns since Day 19!

Lastly, this is not a court of law - they can't force you to do anything so if it's not worth the drama I would just put it behind you and start the new job as soon as you can with perhaps a holiday in between!

BlingLoving · 05/07/2018 16:34

OP, as I see it, the chances of them letting you out early are pretty much non-existent. They need and want you AND are probably going to struggle to find someone new. Which means that no matter what, you're going to be stuck doing the six months notice.

The good news is that you were always prepared for this, and, as a professional, were quite happy to accept it. Obviously, if you'd been able to resign in your probation period, that would not have been the case but you were justifiably more concerned about a commitment from the new firm. It is what it is. Again, your'e demonstrated an appropriate level of professionalism in realising the downside of not resigning early and accept it willingly.

So now you have to work out if the firm can force you to WFH. I have absolutely no idea if this is legal or not. I would recommend contacting an employment lawyer (or perhaps ACAS) to ask the question. If it IS legal, I imagine there will be certain things the company has to do first like workplace assessments, providing certain technology etc. Obviously, you'd need to insist they do these things promptly.

If it's NOT legal, then you have the ability to go back and negotiate.

Basically, you need to continue to act the way you have so far - ie in a professional manner that accepts you and the firm both have certain contractual requirements. As such, you need to accept whatever you are contractually tied to. But similarly, so does the company.

BlingLoving · 05/07/2018 16:35

Also, it's worth clarifying what a "consultant" position means. Would they require a certain number of hours? What about KPIs? If work is at a lower standard because you are not able to access the insight and information you would normally, what would this mean. etc etc.

meercat23 · 05/07/2018 16:35

I get it that they can enforce your notice period and make you work the six months. I think they could probably enforce a six month gardening leave period of your contract allows for that.

Might be worth getting advice though about whether they can enforce your notice period, have you working for them, but insist on working from home if working from home is not in your contract? Perhaps the HR Director you are seeing tomorrow might be able to advise.

I think I would want to tell them that I would work out my notice period, or as much of it as suited them, but on the same terms as before, i.e. office based and involved with the team.

What they are proposing changes the nature of the role completely. It is like saying that they want you to continue working your notice but in a different role. Not sure they could do that.

TittyGolightly · 05/07/2018 16:36

The contract wasn't signed and returned so doesn't there mean there is no contract in place and it's a matter of negotiating what suits all?

No, it doesn’t. Employment law 101.

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 16:36

I think the work from home thing would be fine and acceptable if i wasnt me Blush

I'll struggle with it, even treating it as a holiday with a bit of work in there for good measure. I need structure badly i think. After Uni I was unemployed for 3 months while i looked for jobs and what should have been an enjoyable few months off was hellish for me. I developed anxiety and mild depression after the first 3 weeks. Luckily for me as soon as I got employment and my routine back, the depression subsided and I went back to my old self.

I think I'm scared of that happening again, it was a difficult time and I hated the feeling of not recognising myself.

I'm very driven I think and I don't think it's a good thing.

OP posts:
turnaroundbrighteyes · 05/07/2018 16:40

Have you considered a more candid 1-1 with the CEO?

Own the fact that you are the expert in your field, explain why your field isn't working for his company and, if you can, put forward and idea for how it could.

Then give him the option of spending 3 months working up a proposal to drive his company forward instead of re-recruiting for the role which is also bound to fail.

If he Insists on the original plan lay out why you would be ineffective and a complete waste of his money....

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 16:41

I think my way forward is to go back with my concerns about working from home full time with no office contact once I've read my contract/ spoken to the HR person tomorrow.

The angle is: I'll be less effective in my role, i think it's better all round if I just leave.

The can only say no.

OP posts: