REsigning - minimum notice period

[halia]

Hi all need some advice here. I've decided to resign for variuos reasons.
1 I've had to raise a greivance regarding my boss (bullying and discrimination) it wasn't handled well by HR and I dont' see any signs of things changing
2 The stress of all that has kicked off my longterm health condition again and I'm finding it really difficult to cope
3 They won't offer my any flexibility regarding work hours (I have a 3 yr old) I start at 12.45 and work til 4.30pm. We actually dont' do anything really until 1/1.15pm and its not urgent for us to be there at 12.45 (its not like teaching a class that starts at 12.45)
I'd like to work 1.15-5pm or 1pm - 4.45pm instead as my sons nursery afternoon sessions start at 12.30 - I simply can't get to work on time if I drop him off at 12.30 but that means I end up paying for f/t nursery.

(I did know the hours when I started but I didn't realise there was absolutly no flexibility)

Anyway, for all of those reasons I have decided its not working out for me. Now my question is how much notice do I have to give? my contract says 4 weeks - but they only have to give me 1 week as I've been there less than 6 months. I'd like to just give 1 or 2 weeks notice as I think it would be awful working there during my notice period. What are they likely to do if I only give that much notice?

I suppouse I could go on sick leave and resign whilst on sick, I've had 3 days off last week after a really bad attack at work due to stress.

I'm not that bothered about reference - I think my boss isn't likely to give me a decent reference anyway!

Do you think I could ask HR if I could negotiate a shorter notice period due to the impact the stress is having on my health?

Sorry you're having such a rough time. If your contract says your notice period is 4 weeks then it's 4 weeks I'm afraid.

Regarding the bullying and discrimination, what's happening about that? Are you considering legal action or have you/are you dropping it to walk away?

If you want to just leave and walk away anyway you could consider offering your resignation on the condition that
a) you will be released from contractual obligations after a week rather than 4 and b) that a decent reference for you is agreed to be provided to any potential future employers.

Technically if you refuse to work your notice period it is breach of contract but the chances are your employer won't bother taking any legal action against you, it wouldn't be worth their while. But a reference would be a problem, and however much you say you are not bothered now, it could be important later on.

If you have raised a grievance about discrimination and have been signed off previously with stress, if you propose to HR that you will resign as long as they meet the above conditions, I imagine they will jump at it tbh as they may be concerned about more serious action being taken by you.

TBH, if you said to HR that you have all these issues, but you would resign if they paid you out your notice period in lieu of notice (i.e. you get four weeks' pay without having to work it), that would be a pretty good deal for them too.

If you've raised a grievance and there are other issues, a month's pay and an agreed reference would be a cheap resolution for them.

Might be worth a shot.

I would expect them to bit your hand off in the scenario Flowery suggested too (I always agree with her!)

Flowery,
I did consider taking action re discrimination and bullying but after taking it to HR I realised that it would be very difficult for me - HR was sweeping things under the carpet and I just couldn't face going up against the entire bloody system.

I know that really I ought to make sure I get an acceptable reference, and that not working the full notice period would jepordise that. I think I'll try and talk to HR and Occupational Health and see if there's a possibility of negotiating a different resolution. I think you're right Ribena, a months pay and an agreed reference would eb better for them than the risk of either me costing them X in sickpay or me deciding to pursue my grievance further and casuign all sorts of hassle.