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Not serving full notice period?

27 replies

Gogogoe · 01/05/2021 19:23

Been in new job for one month. Utterly horrible and stressful, taken a toll on my health and I will be resigning. My notice period is 3 months Shock but considering I have been in position for one month and they haven't treated me very well can I give a week's notice? Would there be any repercussions?

I have been under a huge amount of pressure in this role to reach targets and am scared they will ask even more of me when I resign. Boss has been ringing me daily and has been hugely demanding since I started. I've never had a boss like this. Once I resign it is reasonable to ignore calls, cancel meetings and do everything else in writing?

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PotteringAlong · 01/05/2021 19:25

Once I resign it is reasonable to ignore calls, cancel meetings and do everything else in writing?

Well if your job is to take those calls and have those meetings then no. And if your contract says your notice period is 3 months then it’s 3 months, unless you manage to negotiate it down.

Sunny1112 · 01/05/2021 19:26

Are you not in a probation period?

newtb · 01/05/2021 19:27

Notice period used to be the same as you were paid, so even if the contract said 3 months you could just give a month.

EdithWeston · 01/05/2021 19:29

I would negotiate for a shorter notice. Employers are usually happy to wave staff farewell as soon as it can by managed (they may need to post occupied for sound business reasons for a while, but really won't want to force someone unless it's truly necessary)

A work-to-rule during your notice period is OK, but I wouldn't be awkward about it (refusing to use normal communications systems) because you never know when a reputation for pointless cussedness will come back and haunt you

blitzen · 01/05/2021 19:31

Sometimes it's just a week's notice or so, if you're still in your probation period. Check your contract.

LoveSleeping · 01/05/2021 19:33

Tell them you want to leave and try to negotiate a shorter notice period or to leave with immediate effect.

If one of my team had been in role only a month, was unhappy/ stressed and in my view not performing then I'd be happy for them to leave ASAP. - if they're set on leaving they'd probably only go off sick anyway tbh.

bunglebee · 01/05/2021 19:35

Usually a contract will specify a much shorter notice period during probation. Often a week. Have you checked it?

LadyCatLover2 · 01/05/2021 19:36

I doubt your notice period is 3 months if you have only been there a month. Probation period is usually a week. And regardless of that, it's unlikely they will hold you to that notice period if you want to leave so early on, as you've hardly got a grip on the role.

SD1978 · 01/05/2021 19:40

It's not reasonable to just give up and hide once you put your notice in, no. I can't imagine they will want the three months, given how little time you have spent in the role, but you still have a responsibility to perform the role until your notice period is done. Hiding and refusing to talk to anyone will really not reflect well on you

Gogogoe · 01/05/2021 19:40

I am still in my probation period but I can't find anything in HR about a shorter notice period. Good point @LoveSleeping

The phone calls aren't a normal thing in my industry, just my boss ringing to micromanage me every day. I'm worried when I do resign he will pressurise me to stay/do a whole load of extra work which is why I'd like everything in writing.

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LadyTiredWinterBottom2 · 01/05/2021 19:40

I wouldn't refuse to take calls etc - l mean could they dismiss you for that?

Three month notice period suggests special skills that might be difficult to recruit into

ContadoraExplorer · 01/05/2021 19:42

I got held to three months in my last job despite a massive reason for me leaving was that I was bored and had nothing to do.

I could have gone early if I'd been that way inclined but, despite the fact I hated it, I never want to burn bridges because you never know who you might end up working with in the future.

You could try to negotiate it down and, given your short time in the role, they might agree or, if you have another job to go to and don't care about any future issues, give them a week and move on.

Sunny1112 · 01/05/2021 19:50

If your in probation it’ll be a weeks notice.
The three will be for once you’ve passed probation.
Tell them your reasons why, your giving them a weeks notice and that’s it.
Don’t make it harder for yourself

LoveSleeping · 01/05/2021 20:01

@Sunny1112

If your in probation it’ll be a weeks notice. The three will be for once you’ve passed probation. Tell them your reasons why, your giving them a weeks notice and that’s it. Don’t make it harder for yourself
Not necessarily- the last 2 companies I've worked for have had a month's notice in the probation period.
LadyTiredWinterBottom2 · 01/05/2021 20:24

I don't think it matters if he gives you a load of euro to do does it? If you can't complete it in the time frame that's that.

autumnalrain · 01/05/2021 23:20

I think one weeks notice seems cheeky. Normally in probation it’s 4 weeks notice and then 3 months notice after probation.

Gogogoe · 02/05/2021 07:14

@autumnalrain not cheeky if my mental health has suffered as result of being hugely overworked.

No one has mentioned any repercussions and I'd rather leave asap than going sick or actually becoming ill in this role so I will give a week's notice.

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SunIsComing · 02/05/2021 07:46

Ask hr for your contract?

ouchyouchyow · 02/05/2021 08:37

The whole purpose of a probation period is that either you leave, or they let you go, with short notice if either party feels it is not working out

Have another read of your contract under the section about probation. I expect it says be week notice until you pass probation

In any case, you've been there for one month only so they won't want you hanging on longer than necessary if you don't want to be there

Bite the bullet. Good luck

Level75 · 02/05/2021 08:52

If you resign without giving the contractually correct notice it's a breach of contract. Your company could sue you for that breach.

However, there has to be a loss of money otherwise there's nothing to claim for. For example, if they needed someone urgently to cover your role and had to pay a premium to recruit, then the premium (excess above your salary) is a loss to them. If however they just recruit as normal then there's no financial loss from the short notice.

Also consider whether you need them for a reference. If so, short notice won't go down well.

All that said, in your circumstances I'd resign and give short notice. I've been an employer lawyer 14 years and have never once seen or heard of a company actually suing an ex employee over short notice. Sounds like your mental health is worth more than a technical risk or poor reference.

DurhamDurham · 02/05/2021 09:03

Hopefully it won't be three months whilst you're still in the probationary period. It sounds stressful, if they do hold you to the three months and the toll it's taking on your health is significant then you'll have to explain to your GP who might sign you off work.
Good luck!

daisychain01 · 03/05/2021 04:24

If you resign without giving the contractually correct notice it's a breach of contract. Your company could sue you for that breach.

Text book contract law, yes.

Pragmatically - a company is highly unlikely to throw money at a lawsuit for breach of contract unless they can quantify any actual loss to their business by an employee leaving a few weeks earlier.

The OP will need to consider if they would be "dropping their employer in it". The employer is likely be glad to see the back of them, is the reality.

That said, I would always recommend fulfilling the contractual obligation because it's the right thing to do. Or leave earlier, by negotiation.

If the OP is suffering badly with MH issues, health should be the No1 priority here.

HollyBollyBooBoo · 03/05/2021 04:36

Honestly I'd just hand in my notice and give a maximum of a weeks notice. Practically they're not going to bother suing you. If I felt my mental health was really badly impacted I'd also just go off sick. Life's too short and you're just a number on the payroll.

blackcat86 · 03/05/2021 05:05

I did similar- 2 months notice with an awful, bully boss. I gave 3.5 weeks. I was very clear that there was no negotiation and I would be leaving then. He wasn't happy about it but there was nothing he could actually do about it. He generally wasn't happy I had handed my notice in at all. The benefit for me was that I was leaving for a self employed role so no worry about sorting references or anything

Gogogoe · 03/05/2021 21:14

Thank you. Now that I have made the decision to resign with shorter notice period I have felt a huge sense of relief this weekend and have slept well for the first time in weeks. Life really is too short to be mega stressed over work environment.

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