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  • FIRST POST
    • starrybear
    • By starrybear 30th Nov 17, 2:22 PM
    • 56Posts
    • 5Thanks
    starrybear
    Not working notice period
    • #1
    • 30th Nov 17, 2:22 PM
    Not working notice period 30th Nov 17 at 2:22 PM
    Hi there,

    I'm biting the bullet and handing in my notice, leaving a job that has made me mentally unwell and has honestly changed the person I am (not for the better)

    I'm on a 3 month notice period, and I highly doubt this is negotiable through mutual and amicable agreement. However, if I don't get away, I feel like I might do myself harm.

    What's the best way of trying to negotiate payment in lieu of notice? I can't afford to just walk.

    Any advice gratefully received
Page 1
    • Comms69
    • By Comms69 30th Nov 17, 2:26 PM
    • 1,230 Posts
    • 1,012 Thanks
    Comms69
    • #2
    • 30th Nov 17, 2:26 PM
    • #2
    • 30th Nov 17, 2:26 PM
    It depends, there's absolutely no 'right' to PILON, but if you work in a sensitive area and are moving to a competitor the employer is more likely to offer this, or gardening leave.
    • lisyloo
    • By lisyloo 30th Nov 17, 2:46 PM
    • 21,304 Posts
    • 10,230 Thanks
    lisyloo
    • #3
    • 30th Nov 17, 2:46 PM
    • #3
    • 30th Nov 17, 2:46 PM
    For your own wellbeing go to your doctor and be honest about the way you feel and get a sick note.

    Does your employer offer you sick pay as part of your contract?
    • starrybear
    • By starrybear 30th Nov 17, 3:01 PM
    • 56 Posts
    • 5 Thanks
    starrybear
    • #4
    • 30th Nov 17, 3:01 PM
    • #4
    • 30th Nov 17, 3:01 PM
    Sorry- didn't mention that I've used up my my company sick pay during a nervous breakdown earlier this year. Model employee, eh? ☹
    • Takeaway_Addict
    • By Takeaway_Addict 30th Nov 17, 5:02 PM
    • 5,666 Posts
    • 6,466 Thanks
    Takeaway_Addict
    • #5
    • 30th Nov 17, 5:02 PM
    • #5
    • 30th Nov 17, 5:02 PM
    Sorry- didn't mention that I've used up my my company sick pay during a nervous breakdown earlier this year. Model employee, eh? ☹
    Originally posted by starrybear
    I doubt they'd PILON you but they'd probably be quite happy to have a short notice!
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • Gavin83
    • By Gavin83 30th Nov 17, 5:26 PM
    • 4,718 Posts
    • 7,500 Thanks
    Gavin83
    • #6
    • 30th Nov 17, 5:26 PM
    • #6
    • 30th Nov 17, 5:26 PM
    What's the best way of trying to negotiate payment in lieu of notice? I can't afford to just walk.
    Originally posted by starrybear
    Well you're basically planning on asking them to pay you for 3 months of doing nothing. Why would they do this? This is a genuine question, if you've got a good reason or you can offer something in return then that's your negotiation. If you can't then you'll have a hard time.

    Other options are to leave earlier via whatever method you choose but lose money or you stick it out for 3 months knowing there's an end date.
    • Sncjw
    • By Sncjw 30th Nov 17, 6:11 PM
    • 1,497 Posts
    • 891 Thanks
    Sncjw
    • #7
    • 30th Nov 17, 6:11 PM
    • #7
    • 30th Nov 17, 6:11 PM
    You would only get this if you have holidays. No reasonable employer would pay for someone not working there
    • TELLIT01
    • By TELLIT01 30th Nov 17, 6:29 PM
    • 4,245 Posts
    • 4,422 Thanks
    TELLIT01
    • #8
    • 30th Nov 17, 6:29 PM
    • #8
    • 30th Nov 17, 6:29 PM
    If you are in a situation where your GP will give you a medical certificate you can claim ESA.
    • Comms69
    • By Comms69 1st Dec 17, 11:57 AM
    • 1,230 Posts
    • 1,012 Thanks
    Comms69
    • #9
    • 1st Dec 17, 11:57 AM
    • #9
    • 1st Dec 17, 11:57 AM
    You would only get this if you have holidays. No reasonable employer would pay for someone not working there
    Originally posted by Sncjw


    Some do (though they don't typically ask for 3 month notices!), if going to a competitor means you'll have access to sensitive information for example
    • pogofish
    • By pogofish 1st Dec 17, 12:34 PM
    • 7,922 Posts
    • 8,033 Thanks
    pogofish
    My last employer refused my request to leave without working my notice due to workplace difficulties with an utterly incompetent boss. Who was off on leave and due back the following Monday.

    So I dropped a short note to HR telling them that I would have no choice but to instruct my solicitor to proceed with the legal action we had discussed as a last resort due to the total failure of the employer to resolve or even manage the issue in line with their grievance/disciplinary procedure.

    Very shortly after I got the call - You can leave on Friday..!
    • TBagpuss
    • By TBagpuss 1st Dec 17, 1:00 PM
    • 6,084 Posts
    • 7,832 Thanks
    TBagpuss
    OP, unfortunately the situations where an employer would pay you rather than have you work your notice are where they don't want you to work - for instance if the position is a sensitive one, if the payment is part of a settlement agreement or (sometimes) if they are keen for your employment to officially end more quickly than it would under the normal notice period.

    In your case, it doesn't sound as though there would be any benefit to them in paying you off.
    In practice, this means that your options are:

    - see your doctor to get signed off sick. You won't then need to go in to work, and should be able to get SSP and look at applying for benefits
    - speak to your employer to see whether they will agree a shortened notice period. You would only get paid for the agreed shorter periods but would then be unemployed and so eligible to apply for benefits (I don't think you get sanctioned for having resigned if it is health related.
    - consider ( with your GP) whether being signed off for a shorter period would work for you - e.g. if you were signed of for an initial period of a week or two, do you think you might be able to cope with then going back for a week or two? If so, it might be worth trying that as you would at last be paid for the periods you were in work.

    Do you think that it will help you at all to know you've given in your notice and have a definite end date?
    It's not ideal, but if you can't afford to not have the money coming in, would knowing that it has a fixed end point make it easier to cope?
    • Comms69
    • By Comms69 1st Dec 17, 1:07 PM
    • 1,230 Posts
    • 1,012 Thanks
    Comms69
    My last employer refused my request to leave without working my notice due to workplace difficulties with an utterly incompetent boss. Who was off on leave and due back the following Monday.

    So I dropped a short note to HR telling them that I would have no choice but to instruct my solicitor to proceed with the legal action we had discussed as a last resort due to the total failure of the employer to resolve or even manage the issue in line with their grievance/disciplinary procedure.

    Very shortly after I got the call - You can leave on Friday..!
    Originally posted by pogofish


    HR probably needed some legal training....
    • TELLIT01
    • By TELLIT01 1st Dec 17, 1:55 PM
    • 4,245 Posts
    • 4,422 Thanks
    TELLIT01
    It might be possible to negotiate a shorter notice period, but a shorter notice period and being paid for the full 3 months is possibly unrealistic.
    • Takeaway_Addict
    • By Takeaway_Addict 1st Dec 17, 6:08 PM
    • 5,666 Posts
    • 6,466 Thanks
    Takeaway_Addict
    My last employer refused my request to leave without working my notice due to workplace difficulties with an utterly incompetent boss. Who was off on leave and due back the following Monday.

    So I dropped a short note to HR telling them that I would have no choice but to instruct my solicitor to proceed with the legal action we had discussed as a last resort due to the total failure of the employer to resolve or even manage the issue in line with their grievance/disciplinary procedure.

    Very shortly after I got the call - You can leave on Friday..!
    Originally posted by pogofish
    Well done on answering the question that wasn't asked....
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • Sarastro
    • By Sarastro 3rd Dec 17, 5:57 PM
    • 339 Posts
    • 266 Thanks
    Sarastro
    Focus on your health. Talk to the GP asap and if you're signed off sick, then you will get something. I very much doubt they will pay in lieu of notice as there doesn't seem to be any reason for them to do that, although they will probably agree a shorter notice period. However, if you take that and don't get a job, I don't think you'll be entitled to JSA (? I'm not too sure about that)/
    • another casualty
    • By another casualty 3rd Dec 17, 6:13 PM
    • 3,121 Posts
    • 4,955 Thanks
    another casualty
    Very sorry to hear this . The o p must have a managerial / head of dept situation ? ( Iím guessing this because of long notice period)
    As you seem desperate , If I was in this position I would work 1 months notice max and not expect to be paid any more . Health comes first , and no job is worth topping yourself for .

    The reasons I would give an earlier exit would be a death in the family , or facing eviction / moving due to house sake etc. Something dramatic but believeable in the circumstances .
    This means you get out earlier than anticipated and have more time to get yourself together deciding your next career move
    Hope things workout
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