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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:
PattiStanger · 05/07/2018 12:32

If there's no HR person and only someone in training this sounds to me like a little bit of incompetence rather than anything sinister.

They might think they are doing the right thing by allowing you to take someone in with you. My bet is that it will be a meeting to discuss the best way to handle your notice period, I don't see them starting any kind of disciplinary process.

The person you handed your notice to was obviously shocked and acted a little unprofessionally and the other people in the business are understandably annoyed that you're leaving when they thought it was all working out well.

Hopefully you'll find a mutally agreeable way forward

EveningHare · 05/07/2018 12:32

Wow - make sure you have a good note taker with you

ThunderInMyHeart · 05/07/2018 12:33

NotARegularPenguin - during probation the notice period would be a week or two. The second probation is passed, the period increases to 6 months.

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 12:33

See, I reckon they think I owe them my career.

It's my first major senior role and I'm young (27), so the patronising 'keep it up you're doing great' shit is starting to make sense when I look at it like that. I think they are trying to scare me and think it's possible because of my age/ gender.

I am young yes, but I'm also shit hot at my job and know my skill set/ worth.

I've got this Grin

OP posts:
MurryFinge · 05/07/2018 12:33

Utterly bizarre.

If you get a sniff of this looking like a disciplinary, immediately ask what policy they are considering you in breach of.

Also, I’d suggest reiterating upfront that the MD instructed you to leave, and you did not walk out.

smallshoe · 05/07/2018 12:33

they they’ll have to pay you off at great expense for a small company 3 days out of probation

^ This is what I think is the main issue, too.

SoddingUnicorns · 05/07/2018 12:34

NotJanet and I bet that’s what’s scaring the shit out of them Grin roll on 2pm!

OhLookHeKickedTheBall · 05/07/2018 12:34

Hope the meeting goes well today, though it does really sound like a disciplinary the way these emails are worded. Glad you have a colleague in to take notes at least. You've done nothing wrong, you've been upfront with them regarding where the role isn't working. This is their problem essentially.

hellohello12345 · 05/07/2018 12:35

Good luck OP. Keep your cool, take time to think about how you respond to them, smile and be extremely polite and 'decent' about everything.

With any luck you leave today and don't have to see them ever again.

Smash it! Xxx

AnneLovesGilbert · 05/07/2018 12:35

Good luck in the meeting. They can’t stop you leaving. You’ve been more than reasonable. You are clearly better off out of there ASAP!

timeisnotaline · 05/07/2018 12:37

I don’t mean to be vexatious. I’d think it through before speaking to my team , but the point is they are just being bullies by this. If a bully gives an order outside of their remit eg you can’t go to the toilet between 12 & 3, Id go to the toilet 6 times in that period. Going along with it usually just gives them more power.

I probably wouldn’t do this in this case as it would create a different point to argue and that doesn’t seem needed right now. Good luck OP!

hellohello12345 · 05/07/2018 12:37

Ps I don't think it sounds like a disciplinary - more like a formal exit negotiation. This is how I was approached when a company made a settlement agreement with me to get me to leave when I came back pregnant with my second from maternity leave with my first.

MurryFinge · 05/07/2018 12:37

For what it’s worth, I reckon they’ll-

A) Ask you to reconsider leaving

B) If you don’t, try and revert you to notice period pre-probation. That wouldn’t be a bad thing if you’re able to start the new role earlier. You’d be in a good position to negotiate the terms- if your pre-probation notice was 1 week, I’d start with accepting payment for 4 months and let them negotiate you down.

TheHodgeoftheHedge · 05/07/2018 12:39

The thing is OP, it doesn't matter even if they are entirely responsible for your career/success. You are still alllowd to resign - for whatever reason!

glitterbiscuits · 05/07/2018 12:39

Good luck. I'm just desperate to know what you do!
You sound so together!

greengrassofhome · 05/07/2018 12:40

I don’t understand why it would be considered dodgy to hand your notice in just after probation finishes? What difference does it make to either party?

Probabtion period is for both parties to assess if job is a good fit and working for both. At the end of probabtion both parties have the opportunity to commit or to not.
The OP made a commitment to stay at the company and then, two days later, hands in notice.
Most companies would be smarting from that. It is technically legal but still, kinda not cool.
They must be wary of her motives at this stage.

Bluntness100 · 05/07/2018 12:41

Ok with only six months with the company they may move to dismissal. I'd be prepared for that.

I can see their issue, you must have been applying for jobs within days or weeks of starting this one, so were never committed. In addition starting a new department is a big commitment, and let's be honest, one you weren't wanting to do. In addition it looks like you waiting till probation was over to get the leave period. So you can understand why they are annoyed and think you just used this as a leg up to get another role. However as said, it's your right to do that, and they need to behave professionally.

As they think you've fucked with them, they may decide to do the same back. Go in being placatory, explain timing and why you were applying for other jobs without giving this one a fair crack of the whip and appear like you will work the six months and put th ball in their court.

Thinksthinksthinks · 05/07/2018 12:41

They don’t have to pay the op if she can get the new company to get her to start earlier and they waive her notice period though

Gazelda · 05/07/2018 12:42

Good luck. Keep your cool, be fair and reasonable. Repeat your offer to work notice, work for on home, do a handover then leave etc.
If they offer you terms to leave, you can ask them to put it in writing to you and you will let them know your decision within x days.

lifechangesforever · 05/07/2018 12:43

Well for someone of 27 (just a shade younger than me) you sound like a strong and fierce woman with a good head on her shoulders so this will be a walk in the park for you.

Stick to your guns, don't agree to anything you're even remotely uncomfortable with and don't let them speak down to you.

MistressDeeCee · 05/07/2018 12:44

This whole thing is ridiculous.

You do not need to attend a formal meeting to discuss your resignation, you are leaving and that's it

Haven't you phoned ACAS yet? If you have a Union rep, have you let them.know about this email? I just think at this stage those are the immediate things to be done.

After ACAS etc advice if you post on here things will be clearer.

What a weird company to work for.

Roussette · 05/07/2018 12:44

If you knew it wasn't the right fit, why on earth did you wait until 2 days after the probationery period ended, to resign? Personally, I could just not have done that. You've obviously been applying for other jobs, why couldn't you have resigned 3 days ago?

GreenFingersWouldBeHandy · 05/07/2018 12:45

You've been reasonable and professional, your MD flounced off in a huff and slammed the door!?!?!

Bonkers.

Yes, see what they say at the meeting but the fact is you've handed your notice in and there's nothing they can make you do to stay, all they can do is try and make you work your notice, which would be plainly bonkers given the atmosphere there now.

Congrats on the new job but the way! Fingers crossed you can come to a mutually agreeable decision for the notice period (and you get the summer off). Grin

You've got this.

Ismiselemeas · 05/07/2018 12:46

I totally agree you have the right to leave etc but why didn't you postpone your probation meeting or at least postpone the sign off by asking for time to reflect on their findings when you knew this other job was basically in the bag. I've been in more or less this position and tat what I did - I made excuses about feeling a bit under the weather and appreciating a raincheck. That's the nicer way to behave in what is a horrible situation.

ThunderInMyHeart · 05/07/2018 12:48

Whoa whoa whoa. I wouldn't 'start at 4 months pay' as your negotiation point.

OP, would you like some time off? Because they won't want you in the office for 6 months (they don't even want you talking to team members this afternoon...presumably for fear of a) drama and b) passing on strategic info etc etc), but they can't just sack you tomorrow. So, in essence, you're looking at 6 months' wages for free.