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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:
Groovee · 05/07/2018 13:18

Hoping it goes well @MyNameDefinatelyIsntJanet

MycatsaPirate · 05/07/2018 13:19

While the timing isn't great and they stand to lose not only a member of staff but a substantial amount of money, I do think the company have behaved badly.

I hope your meeting goes well op. You sound level headed and come across as capable and sensible on here.

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 13:20

I've spoken to ACAS but they weren't really helpful, pointed me at some resources regarding GL and resignation etc so I now know my rights but I knew it before to be honest. They've stressed I'm under no obligation legally or otherwise to stay.

I didn't negotiate the longer notice period, it's standard 6 months for my level in the business and it didn't even occur to me to ask for an extension myself, you live and learn. I didn't even know as an employee you could request it to be extended?

Not sure about new job, they're keen though and it's a newly created role, so I can't see a reason why they wouldn't be able to get me in role sooner. I'll ask after the meeting today.

I'm not sure how this meeting is going to pan out, but I'm not agreeing anything until I've spoken to a professional. I'm going in with a fact finding hat on today although they don't know that. Going today and not tomorrow is strategic on my part, they have much more opportunity to engage professional advice than me so the only limiting factor I have over their resources is time. If I limit the time they have to get their ducks in a row, the more chance I have to put them on a back foot if needed hence going in asap rather than waiting until tomorrow.

Big girl pants hitched up around my ears, I'm bricking it but I think I'm actually holding the stronger position.

OP posts:
WonderfulWonders · 05/07/2018 13:21

Jeez!

Advice not to go in is not sensible.

You've resigned they want to discuss way forward, that's not unreasonable and you need to engage.

If they want to pull some crap re not paying you gardening leave then it's easily dealt with

elfofftheshelf · 05/07/2018 13:21

I've skimmed the thread, but as a senior HR professional I'd say you're handling yourself well and the given the state of correspondence and response from your employer, I suspect the CEO is probably privately thinking shit the bed, I'm loosing the only senior member of the team with any real capability!

The invitation to the meeting reads to me like a heavy handed response from an inexperienced HR officer. I've been in your position (very long recruitment process, knew within days that I was in the wrong role, tried to make it work, voiced concerns, but realised I'd have to go elsewhere). As you've already said, "you've got this", but I'm sending your positive vibes for the meeting.

NewName54321 · 05/07/2018 13:21

If you sent the emails from a work account, I would forward them to a personal account or screen shot them in case your account access is removed.

ThunderInMyHeart · 05/07/2018 13:23

Well done, OP.

Although, I think you are under an obligation to stay...i.e. 6 months (theoretically).

TittyGolightly · 05/07/2018 13:23

I've skimmed the thread, but as a senior HR professional I'd say you're handling yourself well and the given the state of correspondence and response from your employer, I suspect the CEO is probably privately thinking shit the bed, I'm loosing the only senior member of the team with any real capability!

Likewise.

The HR person’s experience is showing - they haven’t a clue and have gone for the standard disciplinary letter. MD is likely looking to negotiate a compromise agreement (or to persuade you to stay so that they can find a reason to fire you!).

Hold firm, OP. Don’t covertly record the meeting. You’ve no need and courts do t treat such behaviour kindly.

StormTreader · 05/07/2018 13:25

I suspect they're going to say "we wont pay you 6 months notice, either you retract your resignation or you leave now with no leaving pay/1 week/ 1 month". They'll try and intimidate you into staying by saying "otherwise you'll get nothing".

Go in with knowledge of what you're legally entitled to AND what you actually want, and allow them to work hard to negotiate you down from one to the other.

EndOfEternity · 05/07/2018 13:25

Just as NewName says get copies of everything you need from your work account TODAY as you may lose access (I say this from experience after resigning). It may seem like over doing at the mo but much better than wishing you has it further down the path.

MurryFinge · 05/07/2018 13:27

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

Why not? She’s not negotiating garden leave, but a payment in lieu of notice that will allow her to finish within a week or so, and take up her new role.

DistanceCall · 05/07/2018 13:28

Sounds like they think that you deliberately waited until the probation period was over to resign.

Personally, if you have a job already in line, I would offer them (when you are in the meeting) to leave the company in the same conditions as if you were still in the probation period, as a gesture of good faith.

And yes, your MD was completely out of order.

Fraying · 05/07/2018 13:29

It doesn't sound as though you were unclear about your belief that the new direction wasn't working. It sounds as though they disagreed with you.
Although it's a new area for them, they will have conducted research/feasibility studies before deciding to pursue it. From their pov, it sounds as though you were consistently telling them their strategic direction was wrong. They assumed that any lack of delivery was due to your lack of experience. They could be correct. The fact that you haven't been able to make it work doesn't mean the strategy has failed.
However, you have left them with a new strategy without a leader and waited until just after the end of your probation period to do so. It's just as well your new employer doesn't want a reference because it sounds as though you have behaved poorly. As PPs have said, you could have managed the timing of the probation interview so that you resigned within the probation period.
Of course, they will want a formal interview to negotiate the end of your contract.

ThunderInMyHeart · 05/07/2018 13:29

MurryFinge - I mean OP should start at 6 months pay for negotiations. Her notice period is 6 months...they obviously won't want her to work 6 months, so she can say 'fine, I'll leave now, but I want 6 months pay upfront' i.e. a PILON. Sure, let the employer talk her down, but I just wouldn't open with a weaker position than what she can actually get.

Original poster
MyNameDefinatelyIsntJanet · 05/07/2018 13:31

Very good point about work email access, forwarding everything to myself now. Thanks!

On my way, no further emails from work but I’ve called my recruitment guy and explained what’s going on. He’s ex-HR and is baffled. He reckons they’re going to ask me to have my notice as if I was still in probation and he’s calling his contact at my new job now to figure out what the deal is with me starting there sooner.

In terms of what I actually want: I’m genuinely not bothered, I want out but I’m more than happy to serve 6 months business as usual as that was my plan before all this!

OP posts:
Parker231 · 05/07/2018 13:31

Probation period or not, you’ve done nothing wrong. Anyone would be an idiot to resign until they had a formal acceptable offer of employment from a new employer. The timing isn’t helpful to your current employer but no one is tied to a company and everyone has the right to look for a new job. I think your current employer is unrealistic to demand loyalty when you’ve only be there six months and raised concerns from the start.

girlwithadragontattoo · 05/07/2018 13:31

Good luck op

Maelstrop · 05/07/2018 13:32

I'm interested in the outcome, having had to negotiate this year to leave my post and having spoken at length with my union, I basically had to decide myself what I wanted to do as the union were about as much use as a chocolate teapot. I too was advised to speak to an employment lawyer but I don't have endless money and my organisation pretty much does.

InfiniteVariety · 05/07/2018 13:32

OP I wish I'd been like you at 27 - I was hopelessly timid and easily intimidated.... You sound really quite awesome!

Beebiesandcheebies · 05/07/2018 13:33

Good luck!

BitOutOfPractice · 05/07/2018 13:33

Good luck op. I hope they are reasonable with you

M3lon · 05/07/2018 13:34

Hope its all going well OP.

I definitely don't think they mentioned union reps to be deliberately intimidating, they are simply doing what they have to in terms of making you aware that for conversations on this level you are allowed to have a union rep present.

HollowTalk · 05/07/2018 13:34

I can see it from both sides. Would your new place want you to start immediately if that was possible?

Iamtryingtobenicehere · 05/07/2018 13:34

This sounds awful! I’m sorry I have absolutely nothing helpful to add, but I really do hope you are happier at your new position op.

I’m so grateful that my boss is a wonderful guy. (Small organisation)

All the very best of luck for this meeting and your future role. (I’m really curious as to what you do, but I’m just nosy)

ThunderInMyHeart · 05/07/2018 13:35

FYI, OP, if they offer you settlement terms (for what of a better phrase)/anything not already in your contract, they will likely give you an amount (£250) to have their offer terms checked over by a lawyer of your choosing (this is so that you can't come back at them down the line and say they fleeced you because you were an inexperienced party and didn't know what you were doing). So, save the employment lawyer costs for the time being!