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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:
strawberrypenguin · 05/07/2018 12:58

It's very bizarre that they've called a formal meeting to discuss resignation.

I'd tread carefully - sounds like they're trying to screw toy over one way or another.

Have you got copies of your appraisals that aren't stored o. The work systems? If you don't I'd make saving them elsewhere or printing hard copies a priority

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 13:02

I'm more than capable of communicating my reservations and have done so throughout my employment (looking back at emails I first requested a meeting with MD to discuss my concerns on 21st Jan, so 19 days after I started working here). I've been extremely open and honest about how I feel in the role, what I feel is the best way to tackle it going forward etc etc in 14 subsequent meetings with a mixture of MD and CEO. They appear to think it's my confidence in my own ability that's the problem, not the overall strategy even though I'm sure I don't come across as at all unsure of myself.

I actually think it's quite a patronising situation looking back.

OP posts:
AnElderlyLadyOfMediumHeight · 05/07/2018 13:02

They've behaved very unprofessionally, but I can't help agreeing with FiestaThenSiesta. Knowing what you did, OP, it would have been fairest to say 'I'm very pleased you are so pleased with me, but I still have reservations about my fit for the role and the direction things are going in, and would you accept an extension of the probation period for a further 3 months?' If they'd pooh-poohed that, then they'd have deserved all they got. As it is, although I entirely understand not resigning before formal offer letter, it does look bad. Or you could have got your new place, who clearly intended to hire you, to send a quick email formally setting out their intentions in advance of the offer letter.

I don't know what field you are in, but I do note that you sound very, in fact extremely confident for 27. I'm not at all saying that this is a bad thing - you sound as if you know very well what you want and you may, for all I know, be an exceptional talent in your field. I suppose I'd just advise, for the future, some awareness of being still pretty close to the start of your career and caution when it comes to evaluating others' experience.

Jeni29 · 05/07/2018 13:03

I was in a similar situation regarding contracts. I signed the original one with a 1 week notive period and then didn’t sign the one following after probation and promotion. They said that legally after a certain period of time having worked there, knowing their T&Cs it taken as accepted (something like that) and wanted 3 months notice. Luckily I wriggled out of it by stating that I had expressed my unhappiness and that I was looking for another job prior to the end of the probation period and review.

I would speak to HR and if they asked you to just leave, it may be worth asking if you are on garden leave until the end of your notice (that should shorten it somewhat 😂)
With attitudes they have shown, you’ve done the right thing regardless of the reason you are leaving!
Good luck!

PurpleStarInCashmereSky · 05/07/2018 13:04

Good luck with the meeting OP.

Also I am in awe of your negotiating skillz with the new co!

RideOn · 05/07/2018 13:05

Good luck, keep your head, whatever happens you've got your job 1st Jan! You sound very professional. They sound a bit patronizing. Onwards and upwards.

EveningHare · 05/07/2018 13:05

what is it that you want from them?
do you want early release?
do you want to be paid 6 months?

what would you agree to?

IJustNeedAUserName · 05/07/2018 13:07

Did you negotiate 6 months notice into the original contract OP? Because if not, they should have known the risks and I have no sympathy with them.

For those who think 2 days after passing probation is too short a time to hand in notice, what would you consider an acceptable time limit to be?

cheminotte · 05/07/2018 13:07

Good luck with the meeting OP

PigEyedHorseFrightener · 05/07/2018 13:07

Good luck op 💐

fanominon · 05/07/2018 13:08

I can totally see why - from their point of view - they feel shafted. You've (apparently) waited just two days after your probation meeting - meaning they legally have to pay you for 6 months - whilst knowing you wouldn't be useful for that time. I get that they chose the terms, but still, immensely frustrating for them, and I'd have been frustrated as a boss in a small team. I wouldn't have shouted but I would have thought - 'really, couldn't you have delayed the probation meeting by a couple of days - you've managed this in a bit of a sharp way here'. And as an employee - yes, I would 100% have tried to get a few days delay on that probation meeting OR at the very least, acknowledged the issue on resigning (& given a compromise, probably)

Have you explored whether your new company would take you on earlier ? You say they know about the 6 months, but presumably they also knew that if they moved quickly they wouldn't have to wait 6 months...?

mum11970 · 05/07/2018 13:08

Op record the meeting on your phone, always good to have proof of what is said and offered.

OneThingAndThenTheNext · 05/07/2018 13:09

Good luck at 2pm OP. Maybe they just want to sort out what it means for the team, and it’s nothing sinister?! One can hope anyway.

Flowers
Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 13:09

AnElderly I see you're concerned I've come across as getting ahead of myself and patronising towards older, more senior people.

That's not the case at all but you have just clarified something for me, so thank you.

I've been hired into a role because I have technical expertise in an area new to the business to take their offering of that service forward. I think in an effort to not come across as patronising to them, I've skirted around saying 'your business strategy is wrong in the first place' and I've focused more on saying that MY skillset is operational/ technical and that because the business itself is not well versed in my field, it's not fitting in properly with the types of clients we're targeting and there's a disconnect between my service and the rest of the business that I feel unable to rectify.

I don't think i've been explicit enough.

OP posts:
Specky12 · 05/07/2018 13:10

You sound really confident and I am sure you will handle anything they throw at you professionally.

I can understand their disappointment given that they took a long while to recruit you and your resignation will impact their business, but these things happen all the time and their reaction is unprofessional and immature.

Good luck.

hamzilla · 05/07/2018 13:11

Good luck OP. This is indeed an incredibly bizarre reaction on their part.

MistressDeeCee · 05/07/2018 13:11

You are perfectly entitled to resign shortly after probation if you feel role is not for you.

Probation is a 2 way process.

You aren't bonded. This is 2018

The fact they've called a formal meeting in heavy handed terms shows you were right in having reservations about them. What do they think they can do - sue you? Do retrospectve assessments? It's all nonsensical.

However I am still curious I must admit as to why you've not picked up the phone and sought direct professional advice, since this meeting is for tomorrow and it's now Thursday afternoon

I wouldn't go. I'd need to be given a clear indication of what is to be discussed, and time to formulate a full response. I doubt a Union Rep would advise you to attend tomorrow either.

If you've spoken to Union you will know that. .

AStatelyPleasureDome · 05/07/2018 13:13

OP, I am a lawyer and have been through something similar.

My advice would be to postpone the meeting and instruct an employment lawyer to represent you. You are obviously a high earner and there is a lot at stake here. If you are represented, they will not dare to bully you in the same way, will at least be obliged to be professional and polite, and the outcome is likely to be much better for you.

musicinthe00ssucks · 05/07/2018 13:14

No words of wisdom OP but just to say don't be talked into or pressured to do anything you don't want to.

StaplesCorner · 05/07/2018 13:16

you have probably left now OP but if you are reading this as a former union rep and CAB adviser can I just say to you listen to them, and say you will get back to them if you are unsure dont agree to ANYTHING in the meeting, then call ACAS - everyone is saying call them, you really must - confidence is one thing, being foolhardy is another.

TittyGolightly · 05/07/2018 13:17

Op record the meeting on your phone, always good to have proof of what is said and offered.

Utterly terrible advice.

BigPinkBall · 05/07/2018 13:17

I don’t have any advice OP but it sounds like you’re well out of there!

And for what it’s worth I don’t think you did anything wrong, people hand their notice in all the time, it’s one of the costs of doing business and I wouldn’t ever disadvantage myself for a company because if they need to cut costs they’d make you redundant as soon as look at you!

ThunderInMyHeart · 05/07/2018 13:17

I don't think you need to pick up a phone or instruct a lawyer yet. Nothing's happened.

If you come out of the meeting and they're trying to sack you or whatever, then lawyer up.

Don't pour petrol until there's a reason to.

Cascade220 · 05/07/2018 13:18

This reply has been deleted

Message withdrawn at poster's request.

FedOut · 05/07/2018 13:18

I can't offer any legal advice but I am appalled by the way you have been treated. I also handed in my notice and your situation has many parables to mine (although I am not as senior as you). I am being bullied since handing my notice in and I need to work out my notice. Just wanted to give you a virtual hug as this is emotionally draining too, and I wanted to wish you the best of luck. You seem to know what you are doing, but do tread carefully, and make sure you get what is rightfully yours, and if you can come to an agreement where you don't need to go back and work out the notice, as goodness, they can make it really miserable for you. I loved going to work and now I dread it Sad