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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 Sad

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

Help?

OP posts:
ch0c0milkrox · 05/07/2018 11:51

Blimey how ridiculous!

Hope you can get in to see them today so it's not hanging over your head all night.

gillybeanz · 05/07/2018 11:51

I'd have called her a stupid reacting bitch to her face if she'd done this to me.
How unprofessional of her, stupid cow shouldn't be in that position if she can't bloody behave. It's women like her that give others a bad name in business, she sounds unhinged.

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 11:52

Probation was 6 months and ended on 2nd July, had a formal end of probation meeting where they passed me and a gushy email afterwards from CEO thanking me for my work over the last 6 months and saying what an asset I am to the business Hmm

OP posts:
dueanotherchange · 05/07/2018 11:52

This is the type of situation that makes me despair (I work in HR).

First, you've been employed for less than two years so technically, you could give a week's notice and walk (even though you'd be in breach of contract, although that's hard to argue as you never signed it). However, if they enforce your restrictive covenant then yes, you would be at home until the New Year.

How long was your probation period and was it formally signed off?

FuckPants · 05/07/2018 11:52

If they carry on trying to get you into a meeting I'd be tempted to say fuck this, I quit immediately, what's the worst that could happen? If they threaten to sue you for breach of contract turn round and say that you handed your notice in amicably and they then behaved like twats and you have proof.

You'd need brass balls though.

TaighNamGastaOrt · 05/07/2018 11:53

Hmm, I'd be on the phone to ACAS and sending my notice in formally too. Sounds like they're going to try and discipline you or intimidate you somehow.
Ask if you can record the meeting-at the very least minute it. Definitely take someone savvy with you!
good luck OP!

dueanotherchange · 05/07/2018 11:54

Sorry cross post

It would have been easier if you'd still been in your probation period.

Given that it only finished on Monday, I suspect that they think you're after gardening leave, and six months off on pay. Whether that's the case though, this is a VERY weird way to handle it.

The lack of HR experience bothers me - as I would have had serious words with the MD for being such an idiot and then called you in for a proper chat about a way forward.

Whatever way this pans out, it sounds like you're well out of there.

Ariela · 05/07/2018 11:54

I do wonder, as the hr lady is not experienced, if she’s simply using the wrong template. The wording is very pro forma for initial redundancy or disciplinary meeting.
This
But I'd still take a representative as a note-taker in to the meeting. Regardless of the reason. Just in case.

billybagpuss · 05/07/2018 11:54

Good luck tomorrow OP.

BlingLoving · 05/07/2018 11:54

I have some sympathy for them if your probation ended Monday and you then walked away on Wednesday. But you are offering to work the entire six month period, so it's not like you're leaving them in the lurch.

If they ask you to go immediately, without pay, are you in a position to do that?

VI0LET · 05/07/2018 11:55

They sounds quite bonkers.

At least now you won’t have any doubts that you have made the right decision to leave.

honeysucklejasmine · 05/07/2018 11:55

Blimey. They are behaving really badly here.

ReanimatedSGB · 05/07/2018 11:55

It's probably worth giving ACAS a ring and telling them what's happened - they may be able to suggest a quick and easy way of telling this silly woman where to get off.

You seem to have behaved correctly and professionally all the way through, so there isn't a lot the company can actually do to harm you, but if there's a likelihood that this meeting will involve the manager shrieking and tantrumming at you, it might be a good idea to know for a fact that you can just walk out.

FullMetalRabbit · 05/07/2018 11:56

Years ago I had a really go awful employer who wouldn’t pay me on time and was a horrible bully. I discovered I didn’t actually have a signed contract with him and faxed in my resignation and didn’t return. Was bloody awful place and person to work for

that sounds like my previous job - boss went mental when I resigned even though same boss had bounced my last few pay checks - I walked out that day and never looked back

Bluntness100 · 05/07/2018 11:59

What a bizzare thing. They can't discipline you for quitting. Have they responded with meeting subject?

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 11:59

Response:

Hi NotJanet, (Informal name this time)

As cited, the purpose of the meeting is to discuss a way forward in light of you handing on your notice yesterday. Whether or not you wish to engage your union representative is at your discretion.

Regards,
(HR Lady)

Bollocks to this, I'm going in.

OP posts:
VI0LET · 05/07/2018 11:59

Why on Earth should the OP go immediately without pay ? Her new job doesn’t start until next year .

I suspect that they don’t want to put your on gardening leave OR pay you to work the notice. So they are going to try to dismiss you on performance grounds to get you out the door sooner without having to pay you.

Which will be hard with no history of problems and reviews that say you are great.

Bloody stupid plan of course and it will back fire on them big time. But will be very nasty for you.

LighthouseSouth · 05/07/2018 11:59

OP I'm not a lawyer
But I had one place create drama when I left and my understanding is that preventing you from getting a job by gardening leave is quite hard to do and may not be legal

I think statute overrides contract and statute says they shouldn't do anything to damage your career. I think if you'd been there years it would be different.

I bet they forgot to ask you to sign a non disclosure agreement when you joined as well?

TatianaLarina · 05/07/2018 11:59

I’d take a rep with you regardless of what they claim the meeting is about. It will force them into a level of professionalism they may not muster otherwise.

Caribbeanyesplease · 05/07/2018 12:00

You may very well have legal expenses cover as part of your home Insurance.
If you do, there will be a number to call that will get you through to a lawyer. No charge and cover up to usually about £100k.

You need proper legal advice. Not mumsnet

laptopdisaster · 05/07/2018 12:00

I'd just take 6 months gardening leave and enjoy the time off!!

Uncreative · 05/07/2018 12:00

They sound nuts and it sounds like a good thing you are leaving. Congrats on your new job!

The worst case scenario is they make you work or take gardening leave for six months. You already have another job lined up so they are unlikely to be able to damage your reputation - anything they say is and can be spun as sour grapes on their part.

They cannot refuse to accept your notice. They cannot compel you to work for them beyond your contract.

If the meeting is heading in a direction you don’t like, ask if you can record it (on your phone or dictaphone) and describe the MD’s behaviour. Also, use the phrase ‘intimidating’ when describing the formal meeting. That should be a concern to HR and anyone else with a brain (so possibly not the MD based on his reaction).

I just want to reassure you that you have done nothing wrong. Don’t allow their behavior to make you doubt yourself.

eddielizzard · 05/07/2018 12:01

Complete overreaction on their part. They've bulldozed you into this role. You're their vision for the future despite you saying otherwise and now they're pissed off as hell that all their bullying isn't going to work. They're muppets.

good luck.

WhatATimeToBeAlive · 05/07/2018 12:01

There is an assumption that if you start a job you have accepted the terms and conditions of your contract, so whether you have signed it or not is irrelevant, as long as you have been given a copy and continued working there. I think that as you have been there for less than 2 years they will be letting you go as "unsuitable for the position" or whatever phrase they decide to come up with so that you don't have to work your notice and they don't have to pay it. A lot depends on what is in your contract about your notice period.

TatianaLarina · 05/07/2018 12:02

Xpost - still not much clearer.

‘To discuss a way forward’ is really bizarre. The way forward is to accept you’ve resigned!