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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:
IJustNeedAUserName · 05/07/2018 12:48

I don't think OP needs to go in placatory at all. They were more than happy with her performance and they have said so in writing. That's all they have a right to require - no company should have the right to 100% soul deep commitment however long or short time you've worked there.

If the shoe was on the other foot, I don't know many companies who have soul-deep commitments to their employees either. That's how the world works.

If they didn't like the risk of having to pay OP 6 months gardening leave, they didn't have to put 6 months in the contract originally.

BlingLoving · 05/07/2018 12:49

Rousette - one assume she didn't want to walk away until she knew she had a job to go to? That seems pretty reasonable - most of us rely on a stable and reliable income and not knowing how long it might take to find a new job means just walking away from the old one becomes pretty tricky.

YearOfYouRemember · 05/07/2018 12:49

Good luck this afternoon NotJanet.

glintandglide · 05/07/2018 12:49

The employee can’t really do anything to affect probation though. If the company passes you you’re passed. I tried to extend my probation once Grin you can’t do so in Any meaningful way. Continuing to come to work after the 6 months is agreement that you’re both happy.

greengrassofhome · 05/07/2018 12:50

Exactly.
At the end of probabtion you actually had the opportunity to extend the probabtion period. That would have been the correct thing to do.
It does probably look to them as though you deliberately got them to offer you a contract for the purposes of getting money.

NotARegularPenguin · 05/07/2018 12:50

Ah, I’ve never worked anywhere with a probation period....didn’t realise about the differences in notice. Would you agree to a notice period as if you’d handed your notice in last week so they don’t have to pay you off for months?

Starlighter · 05/07/2018 12:50

Some great advice on here. Good luck OP.

malpa · 05/07/2018 12:51

Wow, very unprofessional.

(And I don't mean the company...)

ThunderInMyHeart · 05/07/2018 12:51

I'd also aim to say the bare minimum. Let them do the talking. Let them open negotiations.

Best of luck. I was 27 when this happened to me and I was absolutely shitting it. You sound brilliant!

BatShitBuns · 05/07/2018 12:51

They sound mad.

Thismum4 · 05/07/2018 12:52

Some really good advice on here, hope it all goes well for you!

ThunderInMyHeart · 05/07/2018 12:52

Hang on...why is waiting until probation is passed unprofessional? This is business, not a test on the ole' morality compass.

Like the company wouldn't have fucked her over

glintandglide · 05/07/2018 12:52

The employee can’t extend the probation period

ladymelbourne1926 · 05/07/2018 12:53

Good luck op.
I think you have to reiterate youre willing to work your notice and therefore not leave them short staffed but you haven't done anything wrong. It's unfortunate but they are acting very unprofessionally.

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 12:53

Rousette as explained, applied for new job in May. I haven't been job hunting.

I went through a recruiter I've known a couple of years so it's not like I was scatter gunning CV's. I happened to mention my concerns about current role to him and he ran with it. He had this role on his books for a while and I said I'd go in to see them. They liked me, I went for a second interview and met some more senior people and they also liked me. I got the job and informal offer was on 1st June. The terms didn't quite work for me so I renegotiated and sent my counter offer on 5th June. They confirmed receipt of my counter terms and said as my desired salary was above their signed off code, they'd need to go back to finance and make a business case for me. They did this and accepted my counter offer on 29th June. During this time they contacted my references etc. I received the formal offer letter and contract on 3rd July and resigned from my role on 4th July.

OP posts:
HermioneWeasley · 05/07/2018 12:53

Agree with all the comments here. If they dismiss you, you’re entitled to notice in any event, so that would be a weird angle

FilledSoda · 05/07/2018 12:53

It's all very odd .
I would find it intimidating to be honest but you seem like you have it under control .

FiestaThenSiesta · 05/07/2018 12:54

“You've been reasonable and professional”

She’s not been reasonable at all resigning 2 days after probation and I don’t think she’s been that professional, to be honest. OP could have argued her concerns strongly and insist the probationary period is extended for 3 further months, given her very very strong reservations. I keep reading oh well I told them but they just didn’t get it/didn’t listen/didn’t want to hear. I think that shows you don’t have the experience to communicate effectively with people who may not want to hear, but who you need to convince to listen to you anyway

LavenderDoll · 05/07/2018 12:54

They are trying to Intimidate you
Head high and make notes of all that's said

Rachyabbadabbadoo · 05/07/2018 12:55

In all things business you make your decision based on what you know at the time. It is unfortunate that this decision came a few days after the end of the probation period, but it is what it is. And they cannot get angry about the possibility of you being unhappy/applying for jobs/not being focused unless they have the evidence (not intentions/motives, etc) to support it.

I would ask them what the intended outcome of the meeting is too, to allow you to prepare accordingly.

tremendous · 05/07/2018 12:56

Go in, listen to what they have to say and remember you don't have to respond then and there. I think they are going to negotiate a package to get you to leave early. It's normal in senior roles.

GreenFingersWouldBeHandy · 05/07/2018 12:56

I think that shows you don’t have the experience to communicate effectively with people who may not want to hear, but who you need to convince to listen to you anyway

What a condescending statement. You can tell people something until you're blue in the face but they just will not listen if it's not what they want to hear.

ivenoideawhatimdoing · 05/07/2018 12:57

Whilst the situation is not ideal, to be called a liar and have a door slammed on me would really get my back up.

Go in with a clear head OP and see what they offer.

They have been unprofessional to say the least and are trying to cover their arses now.

SophoclesTheFox · 05/07/2018 12:57

I’m agog at the lack of professionalism they’re showing. I think it’s possible that they’re starting from the point of thinking you’ve set out to shaft them, as the timing looks like that (but you were right not to jump ship without a written offer).

Obviously I’m also placemarking because I simply have to know if they’re going to try to dismiss you after you’ve resigned, because you’ve resigned! That’s pure gold.

hellohello12345 · 05/07/2018 12:57

OP be weary of them trying to let you go without pay for your six months notice. Your new company may not have budget to take you on earlier if they are expecting you to do your notice if you see what I mean.

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