Do I need legal advice?

[foxychox]

Hello! I'm the head of a very small department (me plus 2 direct reports) in a research organisation. One of the direct reports has always been quite challenging to manage but has recently accused me of breach of confidentiality (proven untrue) and discrimination (not further specified by her). I'm looking to move jobs soon, is there any value in seeking legal advice to use as leverage to reduce my notice period? TIA...

I don’t see what the report’s behaviour has to do with your notice period. If they’re telling lies etc it’s a disciplinary matter and should be dealt with accordingly with HR. Are you thinking of claiming harassment or bullying? It will be difficult because you’re the one with the authority.
Can you try to negotiate a shorter notice with your manager instead when the time comes? If you have a good relationship with them they might be willing to compromise.

Thanks for answering! I would use it as a bargaining tool - position untenable due to working with someone who has made the accusations.

I am sorry I am confused.

If you believe she is making your position untenable then you follow the procedure outlined in your company policy.

Have you done that? I would imagine taht would be the legal advice.

Nor sure saying you had legal advice is really a bargaining tool. Especially, if you haven't actually pursued it internally.

I think your notice period would have to be negotiated with your manager. It’s contractual and I don’t think from what you’ve said that legal advice would help with that specific matter. In my experience, managers can be flexible with notice periods (usually if it’s also in their interest).

Is the team member taking forward the discrimination accusation?
Have you got a job to move to or other plan?

I'm not sure if the discrimination will move forward, me and HR need additional info about the grounds for this.
I'm quite a way into a job interview process and all being well will get an offer in a few weeks. My notice period is 3 months, if I could prove that these allegations have made my position untenable I would use that as a tool to reduce the time...

Why would you need to do that? Unless you are happy to leave on bad terms with the whole company.

Ask if you can go early. If it’s convenient for the company (ie they can easily replace you) then they will probably say yes. If it’s not convenient then you trying to force your way out is more likely to be resented and cause you future issues.

I have shortened my notice period in the past: was on a contract for my previous employer that was due to end during my notice period, at which point they would have had to pay my salary without being able to put me on a new contract (as I would have only had about a month left) so they were happy for me to go early.

How has it made your position untenable? Will it be untenable if you don't get offered the new job?

@foxychox

I'm not sure if the discrimination will move forward, me and HR need additional info about the grounds for this. I'm quite a way into a job interview process and all being well will get an offer in a few weeks. My notice period is 3 months, if I could prove that these allegations have made my position untenable I would use that as a tool to reduce the time...

But you could say that without legal advice.

And given they are investigating and dealing with it, I am nor sure how you can say its untenable.

Again, if you feel that way you should raise you own complaint. Saying 'my position is untenable because someone complained twice, but I dont want to challenge it, I just want to leave quickly' doesn't make sense at all.

It actually makes it look like you know you did something wrong.

hmmmm, thank you all for thoughts.

I will just keep my fingers crossed for the new job and stick out the notice period I think.