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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:
RB68 · 05/07/2018 12:02

I would forget ACAS in this situation to be honest - mainly because we are dealing at a senior level and at this point all things are negotiable. Get yourself on the phone to a decent employment lawyer and discuss with them, even if you have to pay.

One correctly worded letter from them could get you 6 mths pay and immediate release.

Whatever she believes you have "used" them for you have resigned all that is left is negotiation of that leaving package/arrangement. Let the Lawyer do that they are used to dealing with unhinged employers and far more adept at being emotionally uninvolved and can argue technical points till they are blue in the face and will jsut walk all over them as they don't have a clue.

I have coached people through various tribunals and indeed this is how things start - a little bit of ignorance goes a bloody long way.

My view would be to get layer to speak to SEO who will want an easy route out of this fuck up by the MD who sounds a right drama llama

timeisnotaline · 05/07/2018 12:03

I too would assume from the timing that you are after 6 months paid notice. But if that were the case there’s only so much they can do and they should have listened to your concerns... they are being ridiculous with these emails and what sounds like a disciplinary!! Fortunately you have resigned and are happy to agree leaving soonest so you have no skin in the game - you can go see, take someone along for notes in case they get nasty as per MDs previous form , who will enjoy watching also and you can enjoy thinking that you are well rid and planning how you will tell the story :)
In the interests of professionalism I would send in writing if it’s agreed you finish very early that you are happy to finish at x date, but you would like to highlight as discussed that you feel timing less than n days will limit your handover capacity, and you are also happy to work with them in finding your replacement, if you would like to change your mind re timing to allow for one or both of these two items suggest we confirm final dates two days from today to allow you to think about it.
Obv in better English, and make sure your colleagues know also via email as well as verbal that you were happy to stay for hand over.
Job done :)

ReanimatedSGB · 05/07/2018 12:03

No one can be compelled to stay in a job against their will. And if they try to pull something like witholding your last pay cheque, they will get their arses kicked in court.

RB68 · 05/07/2018 12:03

CEO not SEO head somewhere else - lol

Mummyoflittledragon · 05/07/2018 12:04

Why did you wait until after the end of your probation to leave? It seems really bad timing as 2 days before and you wouldn’t have needed to give a 6 months notice. Maybe they think you’re trying to get 6 months paid garden leave out of them. The M.D. sounds very fiery and possibly decided this is what you are angling for hence the big guns meeting tomorrow.

BitOutOfPractice · 05/07/2018 12:04

Some managers seem to take a resignation so personally. When it's not.

What's the worst that can happen op? They fire you? (I'd like to see them try!) Then you can start your new job after 2 weeks off in the sunshine.

ChicagoWest · 05/07/2018 12:04

Their reaction is almost laughable. Akin to a toddler having a tantrum because they haven't liked something. Thank goodness you're getting out of there!

I worked for a large retailer once and had a total arse for a boss. I finally handed my notice in and he went nuts, slamming the safe door and throwing things around the cash office. Totally bonkers!

Piffpaffpoff · 05/07/2018 12:05

I have worked for a person who sounds just like your CEO so you have my sympathy.

I would take someone to the meeting simply as an impartial observer who can take notes.

I think other posters are correct in that this is going to be an hour of shouting and threatening from the CEO. I would go in with the aim of only discussing handover and dates. Much as you’d perhaps like to, don’t get drawn into why you are leaving, it will just be more fodder for them to argue with you. Get a timeline and any final work required agreed and take the rest on the chin, knowing that you’ve had a lucky escape.

ReanimatedSGB · 05/07/2018 12:05

OP probably couldn't resign any sooner as she didn't have the new job offer. That isn't anyone's fault and OP has done nothing wrong in seeking a job that suits her better.

flumpybear · 05/07/2018 12:06

They're talking hot air! Ffs who is so childish they walk out and behave live a petulant child! Grow the duck up would me my response (under my breath!)

Good luck and don't take any shit or agree to anything - if you feel cornered just say send it to me in writing and I'll discuss with a solicitor - you can get free advice

Rubbish company - well done for finding s better role in a big company my motto - never work for small companies!

Mummyoflittledragon · 05/07/2018 12:06

Cross post with a few people. I don’t have employment law knowledge. Imo you should discuss this with acas.

flumpybear · 05/07/2018 12:06

Oh perhaps record the meeting! Tell them though Hmm

FuckPants · 05/07/2018 12:07

I'm also wondering why you waited until your probation was over before you resigned? Surely you knew you had got the other job before the probation ended? Not that you have done anything wrong but I can see why it looks suspect.

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 12:07

On the phone to ACAS now.

I've also called a colleague (same level as me, different business arm) and she's available to come in with me. She's a good egg and I've explained the situation, she's willing to come in and note take but not speak on my behalf (understandable and I feel perfectly able to speak for myself).

I'm going in at 2pm.

OP posts:
TellsEveryoneRealFacts · 05/07/2018 12:08

You need to not go in OP.

You need to find out why discussion of your notice is a 'formal' meeting, and ask for the procedure which documents this.

They have told you not to go in, so don't.

hellohello12345 · 05/07/2018 12:08

Sounds like they want to try to get you to stay OP? Very inappropriate way to behave on their part. What a shambles! I would go in and say you will be declining the meeting invite as you will not be changing your mind.

DaphneduM · 05/07/2018 12:10

That sounds a good idea to have your colleague with you. Hope it goes well!!

amymel2016 · 05/07/2018 12:10

Hope it goes well ok, I bet they’re going to try and persuade you to stay xx

Messex · 05/07/2018 12:10

Good luck!

If it gets messy I think they pay a certain amount towards legal fees (my company covered my entire legal fees as they didn't want me to take them to court...)

amymel2016 · 05/07/2018 12:11

*goes well op!

BeardofZeus · 05/07/2018 12:12

Nothing useful to add but mightily bizarre! I have had employers who were disappointed with me handing my notice in as from their perspective the work I was doing was going well but from mine was not, but that is surely fairly normal if the feedback process is not robust? Equally bizarre is the criticism that you have used the job as a stepping stone... is that not the whole purpose of working and promotion?? Odd all round really!! Looking forward go hearing thr outcome of your meeting!

Cosmos45 · 05/07/2018 12:16

Good luck! I am awaiting with interest the outcome of your meeting - what a bunch of dicks they all sound. Very unprofessionally handled.. But actually that works in your favour - if it somehow did turn into some weird disciplinary scenario they wouldn't have the skills or knowledge to handle it properly and you could probably wipe the floor with them. I mean who doesn't insist on getting a signed contract back? Without that they have very little rights to dictate next steps I would say.

alligatorsmile · 05/07/2018 12:17

This would be hilarious if it wasn't so horrible. The company's reaction makes no sense whatsoever.

Di11y · 05/07/2018 12:18

Your reasons for leaving are irrelevant now, all you need to focus on is pilon/ garden leave or working out your notice.

And don't let them cut your notice short unless you really want them to. They're likely to pay you off, rather than work it and you're entitled to 6months pay.

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 12:19

Re: probation timing, it sucks, I know.

I tried to line it up so I'd resign during probation (applied in mid- May for new job after giving current job 4 months of wait and see time). It took longer for new job to send me out an offer letter because i negotiated the salary up a fair bit beyond their signed off limit. They accepted my higher salary and terms (flexi working, 6 months full pay maternity in the event I have kids and minimum 1 day a week from home) but it took them a while to sort that out with the finance dept understandably, so although they pushed to get it through before my probation finished, they missed the deadline by a couple of days and I refused to hand my notice in before i had the offer letter in my hand with my proposed terms.

They've replied to me.

Hi NotJanet,

I've checked and everyone is available at 2pm, you'll be in the XXXXXX room and we request you do not visit or speak to the team before your meeting.

Regards,

HR woman

WTF.

OP posts:
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