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?

I would probably contact a solicitor. Although you have not signed the contract I think you are probably still bound by the terms due to the fact of performance of the role....the do sound horrible. Poor you . x

Just sounds like just another shitty job , with a title that they can't fill. Otherwise they wouldn't give a shit that you're going .

Tara
I think you should read the thread.

Unsigned contracts are MOST DEFINITELY legally binding.

I would dig out your contract, ensure there’s no clause in relation to going to competitor firms within X months / any other clause where you could be in breach then ask them to clarify the purpose of the meeting. I’d then contact your union for next steps.

• Contact HR
• are you in a union (common in some professions like teachers)
• record on your phone every conversation you now have with your boss & HR so you are covered.
• Above all her reaction was rude, inappropriate and above all unacceptable.

Just read the update - hooray! The M.D. is a dick

If you were asked to leave by your manager, I would assume paid garden leave. I worked on a project where I wasn't asked to work out my notice, they just asked me to clear my desk but got notice paid. Contact HR and say your man has asked you not to be present. Maybe agree a termination date between you. I wouldn't return but they need to pay you until the agreed date (and the full six months if you can't).

Fantastic! Well done and good for you

OP you held your nerve under considerable personal stress and have got an excellent outcome. Way to go!

Just wanted to add my voice and say well done, OP! I've been watching this thread with interest (I worked in Digital Marketing as a Head of within a v. male-dominated sector) and I left to start a business in a new area because I found the misogyny too difficult. I wish I'd had your nerve and professionalism - you will go far. Your mother sounds fantastic, too! You're quite obviously a chip off the old block

Just to say Gardening Leave can be very different to a period of unemployment.
Because you have a definite end point so you can plan and give yourself short term projects to do - and even go travelling a bit. You are not occupied by applying for jobs.

Well done OP. A confident woman who knows her own worth

I am a staff manager, the email sent to you has the same wording I would use when asking a team member to attend the first stage of a formal disciplinary action. I can think of no situation in which I would use that wording to discuss the terms of a notice period for a member of staff, for your current situation the wording used is aggressive and unhelpful. I am thinking you would have access to enough funds to take the advice of a lawyer who deals with matters of employment law, this is the action I would take, I would email them back to inform them that due to the choice of wording in the email they decided to send you, it seems in your best interest to take legal advice before agreeing to attend a meeting to discuss the terms of your notice period.

Really impressed with your negotiating skills and the outcome, here, OP. Congratulations, and good luck in your new job, you deserve every success with it! If only you'd spelt definitely right I'd have a massive girl-crush on you

That’s a really good result all round. You’re privileged to have had such awesome parenting and a blessed with a good head on your shoulders. It sounds as if you’ll go far.

OP, get EVERYTHING in writing before you start to celebrate. And don't underestimate how shitty the M.D. could start to behave towards you.

But well done. Well played.

OP I know it’s probs my not what you want ie work from home but I wish I’d been offered that in my last job. I handed in my notice as the MD was breaking the law in certain areas and after 2 years of telling him he couldn’t do this I had had enough. I then had 2 months of him ignoring me -he would direct a 3rd party to ask me a question on his behalf in meetings etc. It got to breaking point on a Monday morning with a months notice left to work. His criminal actions caught up with him and he wanted me to lie in statement. I told the truth, deleted all e mails in my inbox, put on permanent out of office, broke my heart saying goodbye to colleagues and my team and walked out with my head held high. Didn’t get paid for that month. Took summer off and started a new role in the October with a £20k increase.
Bloody stressful at the time but glad I did it.
You’ll be just fine xxx

OP, I really admire your confidence - wish I could find mine! However, you’ve given me the impetus to push for a pay rise if what I expect to happen in my own work pans out (losing a full time member of staff, suspect their work will be shared between me & another part timer)

I’ve developed a proper girl crush on you reading this thread!

Fab news, OP.
I'd be proud if you were my daughter.

OP I work at an agency with the capability you specialise in. I’m kind of hoping it’s us you’re coming to because you sound awesome!

Happy to advise if you pm me your details

Well done OP, you and your mum sound like my kind of people. You rock and I’m sure she’d be very proud

Well done OP :-)

Awesome 🙌🏼