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?

OP, been following your thread with a sort of grim fascination.

But one thing jumps out at me, which people have hinted at, but not come straight out and said... what would this thread look like if written by a man your age with your skills, on a predominantly male employment board?

Totally different I suspect. I remember reading once (don't have a source, sadly, was ages ago) that when it comes to the old saw about "women leave to have babies" when you actually look at the stats, young men leave their initial place of employment far sooner in search of promotion. If you're an employer, employing a young, ambitious man is a far riskier strategy than employing a woman!

I suspect on a male-dominated board, no-one would have said "look at it from your current employer's point of view." No-one would have said you had a moral obligation to stay in a job that wasn't working for you (they might have said you had a contractual obligation which would need to be negotiated around - which you yourself have said, so no biggie there, but no-one would have been guilt-tripping you). You have a job for which you're not a good fit, you have the chance of one which would be much better for you - no-one on that male board would be saying "oh, can't you make this one work for you, because your employer obviously wants you to stay" (they don't really, IMO, they just don't want the hassle of recruiting your replacement...)

I really want to know what you do OP

Just to reiterate I don't think six months is legally enforceable either

I would push the "what is the point of having someone on board who doesn't wish to be here". You're 27? I'm a lot older and I've had to run away from two of these companies, people do understand so don't worry that it looks bad for you in any way, it doesn't. In fact I bet when you leave you will find out some interesting things.

I think it’s really dangerous when those without legal knowledge and training give out “legal” advice like it’s fact

That wasn’t to you, Lighthouse, but the6 months is legally enforceable

Thunder is it legally enforceable even though the company doesn't have a counter signed contract? Has the OP accepted their terms by taking the post back in Jan?

What FermatsTheorem said.

An unsigned contract is enforceable if you have been seen to accept its terms.
Turning up for work and accepting the money are accepting the terms.
Simple.

OP

You seem very intelligent and ovviiisly doing very well in your career.

Begs the question. Why the heck are you on mumsnet debating the serious issue? And not pursuing proper formal legal advice.

What TalkinPeace said

I bet you’re thanking your lucky stars your leaving. I’m a bit of a techy person but somehow ended up in a head of department role. The interview was very much we need your techy skills well help with the other bits (totally false promises) I was refused gardening leave, they gave me no work it was very uncomfortable but you just have to ride it out and google a lot.

You brought the client on and it’s 40% of their billings? No wonder they don’t want you to leave!

I wouldn’t sweat this either, you’re out in 3-6 months in a role that better suits and sound as though you have a great future.

In your shoes, I’d start shaking up my network to find a replacement better suited to them to make sure you are out in 3

Fuck it.

I work in digital marketing.

Current company is a creative agency who wants to do digital marketing, new company is a massive, very well respected digital marketing agency I’ve just landed a ‘head of’ role in BECAUSE they need someone to lead and train technicians to be awesome at what they do too. It’s an enormous achievement and I’m bloody proud of it.

Yeah I know when you are young, 6 months treading water feels awful (ah I dimly remember those days) but why not have some fun, work short days and gear up for the next challenge?

Easy months get harder to come by the higher you climb.

In your shoes, I’d start shaking up my network to find a replacement better suited to them to make sure you are out in 3

Ignore.
Sounds like an awful company to work for that won’t be in the best financial position dyer your departure. You don’t want to be associated with that.

OP, from what you've written, my husband has a very similar role to you, he also worked himself up from nearly minimum wage 5 years ago to just above what you're earning now and has become an expert in his field.

After seeing his experience, I completely understand your WFH concerns as his field is reliant on bouncing ideas back and forth, and he is not a social person at all so it has nothing to do with that. It's the process of constantly learning and developing ideas which keeps him happy and ensures he is still relevant in his field and in the advice he gives to clients. It is also the process of having a routine, getting up in the morning to shower, having the journey to work, and the journey home to decompress before he can relax at home. He also struggled with the lack of structure and he definitely experienced depression and anxiety as a result of feeling isolated. He stayed in that role for a year, and now works in an office again and is much, much happier.

Don't sacrifice your intuition that WFH would not be a good move for you, as it likely won't. If they won't let you leave early, perhaps you can compromise and work from an office within the building so that the petty MD gets their way in that you won't be "privy" to certain conversations, but you also won't completely lack structure in your day and have no one to speak to.

I think you're at the point now where you need proper employment law advice.

It's not a straightforward situation, it will cost you but imo it'll be money well spent and knowing you have the law on your side will both lower your stress and make your employer watch their step too. Tbh they seem to be a bit out of their depth which isn't surprising for a small business with no proper HR function

is 40% going to put them at risk? As op is contractually obliged to the notice, getting a replacement ASAP who’s more suited is the best strategy.

That sounds a huge achievement op, exciting to be the best of a team of technicians in a big established company, I can see why you are very excited!

Janet
So my hunch as to why home working would not suit you was pretty darned close

Play hard ball.
Pull up your big girl pants and think like a bloke.
Get what YOU want and need out of this
My first resignation was in 1988
live to look back on your choices with a grin not a scowl

Can the new company get you legal advice? Does the onward reputation of leaving nicely matter? Doesn’t sound as though it will but in what I do bad word of mouth is best avoided. Maybe I am thinking like a conflict revolving girl :)

Do not agree to working at home. Tell this your current personal circumstances would make it difficult and it's a none starter. For a beginning you need different house insurance and would be using your own utilities at no cost to them!

OP - what a complicated situation.

Perhaps an unconventional suggestion - but might it serve you to help your current firm with the job search for your replacement? You seem to understand what they need better than they do. Perhaps you could help them with the job description and search/evaluation to find the right person for the job. With your help, it might not take them 6 months to find your replacement, and you could possibly even do some handover.

Helping them might mean you could get out earlier, and speed up the process too. Could work massively in your favour.

The 40% won’t put them at risk, no. Commercially the 40% puts them hugely ahead of their target growth for the year, their projection about how much they would bill from digital marketing for this whole year was half the revenue that client has generated since March. It will be a blow, but it won’t shut them down.

The client chose us because I went in and pitched on my own with CEO in the room and talked them through something no other agency had gone to them with. On the strength of that strategy they chose us and from that point on, I was the golden goose.

Loving all these fluffy female responses.

The current firm are muppets who behaved abominably when the OP exercised her legal right.

The sooner she is out the door and working in a better environment the better - for her

She should not give them a backward glance. No man would.
Its one of the failings of women that they often worry much too much about other idiots.

No advice as such - just wanted to say how much I massively admire a driven woman with a career who knows her own worth and can reflect honestly on herself an others. Wishing you the best of luck, OP.