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?

No real advice other than please please please be wary of airing your dirty laundry in public with the new company.

I wish there were a way companies could be rated as employers, publicly!

www.glassdoor.co.uk/Reviews/index.htm

Does your client ever visit the office? If I were your current employer, my primary concern would be to ensure that the golden-egg-laying client stays on my books for as long as possible. To that end, I would want them to have the impression of the serene swan, with all the paddling go on under the water line. Best case scenario is they get you to help out in recruiting a replacement and the whole thing is presented to the client as a good-news-bad-news story "NotJanet is sadly leaving us but we have the marvellous NotJohn in and ready to take up the reins" etc etc.

Client is going to know there's trouble at t'mill when either you're not there and/or your work doesn't reflect their wishes as well as it did previously. The latter case could be damaging for your personal reputation as well as the company's - there's no up side to it except it allows Stroppy MD to feel like she's got a petty victory.

In light of what you've said about their dependency on you to retain this client, it is even more astounding that today they have tried to treat you like a criminal instead of an extremely valuable employee.

Unfortunately I think whichever way you play this, it's going to be an uncomfortable six months. If they are not very careful, the client's likely to find out through office gossip what's going on, and then the company has lost control of the narrative. They need to be focused on damage limitation, not placating this MD. I'd point out that what you're offering - working in the office, keeping continuity whilst they seek a replacement - is in their best interests unless they want to lose the client in short order.

Why is your pay so low, OP, given what you've done? I thought it would be much, much higher, particularly given the six months' notice.

I was thinking this. I’m a similar age to the OP and recently intereviewed for a middle management role in sort-of-specialised-but-could-learn-a-lot-of-it-on-the-job role at £34.5k, and that’s in central Scotland where salaries aren’t hiked up to accommodate high rents. The job also had a 12 week notice period.

I'd be worried this is going to end up on the daily mail and your employers seeing it now...not great marketing

Bear in mind if they are offering you a consultancy role for the notice period, they most likely view that as a self employed role ie you'd be responsible for your own tax and wouldn't get paid holiday, sick pay, pension or other employee benefits during that period.

You can’t be self employed during your notice period. It’s either your notice period or it isn’t

I am also not surprised to hear it's digital marketing

I think I've missed a post about pay but honestly OP they are taking the piss if you are not on good pay

You might have to get signed off sick because it sounds like they are getting great skills and hard work from you with no appropriate return. You did throw up from stress. You can self cert a few days, that might be enough for them to come to their senses.

This makes me think even more, in reality they have no case for breach of contract. It sounds like six months was an OTT notice period initially

They are angry their money maker is leaving, they are not going to spend money suing you.

What could they do if you didn't go into work on Monday nor ever again? You've got no signed contract and have been there under two years.

I work in digital marketing for a pharma company and like you am 27 and the head of the digital marketing department.

I think you are right to get out if it is not the job you thought it is as they will always expect what they believe is true and if it is anything like my industry they are delusional most of the time on what can be achieved.

I would also hate to work from home that all time as I love the office idea bouncing culture. Hope you come to an agreement.

Kudos to you, OP, both for your confidence and your attitude to your career.

I think the WFH 'compromise' sounds like a raft of woe. Not only is it a bad fit for your personality and role, but it it raises all kind of complexities legally. If you're working as a 'consultant' would you get sick pay or holiday? Would you be expected to deal with your own tax and NI? Would you have to be at your desk for certain hours and follow direct orders in the same way as an employee? Too much in the way of grey areas imo, and these don't seem like reasonable people with whom to negotiate grey areas. At best you need expert legal advice to wade your way through this.

In your shoes I'd flip this back as an ultimatum - either they let you work your notice as you planned and expected in the office and with an assurance of no hostilities from your boss, or if they insist you can't be in the office then they need to pay you 6 months GL. I know you don't want GL, but those are the two options I think you can insist on. Failing that, hope to negotiate down to a shorter period of paid notice, which it sounds like would suit you both.

But I would get the advice of an employment lawyer either way.

I thought the same Teaches.
I would imagine that a small company that doesn't chase up an unsigned contract isn't going to take the OP to court, especially considering the 'evidence' of all the emails where the OP states the role wasn't right for her.

I don't know how anyone can force you to work in these circumstances.

FWIW I was fired from a Business Development role (I had interviews lined up already as I was making my escape) but they wanted me to work my notice in the office which already had a very intense atmosphere. I had a gardening leave clause in my contract that they said 'shouldn't have been there'! I worked with a lawyer (they paid) got paid my notice period of one month (they wanted me to stay for 3) which I didn't work and started a new job immediately after that period had passed.

Ex manager of large team here.

Do not under any circumstances involve your new employer!!! Worst case scenario - if it makes them think you are flaky or a trouble maker they could change their mind.

You could breach your contract and they might not sue but it’s very very risky. They could badmouth you as well as of course not getting a reference.

I strongly suspect that if you fight back on WFH they will dig their heels in. Even if you won - would you really want to be in the office? I’d say yes and do it - very quickly your value will diminish and the work will probably start drying up. ‘Work from home’ can also be loosely interpreted, you can take time off here and there, work in cafes etc, you don’t need to stay in the house.

And once a few weeks have passed they might be more willing to negotiate an exit, even if they won’t now

Just leave. They won't sue you.

Janet
I've posted elsewhere on this thread under my normal name.
Hold your head high.
Look after yourself.

I think I’m going to ask if I can go after 3 months. I’m expecting them to say no but I can still ask. I’m also going to ask that I serve those 3 months either from the office or from a suitable out of home location as my house is unsuitable as a work environment long term (it is, I have no office space).

They can only really say no.

I think that’s fair, OP. Means they’re not on the hook for NI for the other 3 months too, which might make it more favourable

Referencing my low salary: I don’t feel it is low particularly. I’m north west based, was inexperienced in a senior role when they hired me and it was a £10k pay increase from my previous role. It was also before I grew my feminism bones and stopped apologising for being female and good at my job. I realise now that I was massively under valued at my previous previous company but when I accepted my current job, I had nothing on paper that suggested I was anything out of the ordinary so they were taking a punt on me in the first place. They hired me on the strength of an interview in essence. I negotiated them up from £30k to £35k and I felt that was ample for the time being. Had I stayed in role and not just handed my notice in, I’m fairly sure pay reviews in August would have seen me increase up to £40k given my new client wins etc. I’d have certainly aimed for that anyway.

As it happens, my new role is at a much higher salary (almost double) and I negotiated it up from a starting point of £45k, so I’m learning

OP, good luck with all this and the new job. I wish I'd had this kind of confidence to speak up when I was younger.

I have absolutely no advice and know nothing about this, but you sound awesome, NotJanet. Good on you. I wish I'd been as confident and competent at your age!

I have nothing to add about your situation. But I just wanted to say you're right- you've got this.

I'm smiling and admiring your confidence and guts. You sound bloody awesome. And rightly proud.

Hope it all goes well for you, I'm sure it will. All the best

Can I just say that I am so impressed with your drive and ambition and confidence. So impressed.

You need to get some legal advice. As far as I remember (old former lawyer, never did employment) you can’t enforce a contract of employment (ie they can’t make you turn up to work) so you can just leave. And they can only sue you for breach if they can prove a loss (their downside in all this is a lot of legal fees so why would they bother?) Just leave and start with the new company ASAP. But worth investing a couple of hundred pounds in some proper legal advice.

You sound fab OP