Can i get sued for not working notice?

amjustagirl

Hi guys wondering if you can help me? Ive been working at the same company for nearly 9 years now. I recently had to relocate to another office doing a higher level job. Currently i have been signed off with work related stress for 2 weeks. Basically i cant cope with my workload and there's a bully in our office. My boss is useless. Whenever i complained about my workload i just got told "dont stress yourself" "calm down". Ive been in tears at work on a number of occasions because everything has been getting to me. I feel sick at the thought of going back. I am trying my best to get another job. My husband thinks i shouldnt resign from the job until i have another one and keep getting signed off (as he said they put me in this position). I just want to resign so i can move on and be happy again. My boss keeps texting and ringing me most days to check up on me, but i cant face speaking to him. Am back at the doctors on Wednesday. What do you think i should do? I am suppose to give 4 weeks notice but i really dont want to go back. Shall i keep getting signed off sick whilst i hand my notice in? am planning on doing this next week as i definitely dont want to go back. Another guy walked out last week because of similar issues. I just cant see things getting resolved. Can i get sued for not working notice or at least part of it? Ive accrued a weeks holiday aswell. Hope all this makes sense, am in a right state at the minute. Stressing cause we have a mortgage and bills to pay

jdturk

amjustagirl wrote: »

Hi guys wondering if you can help me? Ive been working at the same company for nearly 9 years now. I recently had to relocate to another office doing a higher level job. Currently i have been signed off with work related stress for 2 weeks. Basically i cant cope with my workload and there's a bully in our office. My boss is useless. Whenever i complained about my workload i just got told "dont stress yourself" "calm down". Ive been in tears at work on a number of occasions because everything has been getting to me. I feel sick at the thought of going back. I am trying my best to get another job. My husband thinks i shouldnt resign from the job until i have another one and keep getting signed off (as he said they put me in this position). I just want to resign so i can move on and be happy again. My boss keeps texting and ringing me most days to check up on me, but i cant face speaking to him. Am back at the doctors on Wednesday. What do you think i should do? I am suppose to give 4 weeks notice but i really dont want to go back. Shall i keep getting signed off sick whilst i hand my notice in? am planning on doing this next week as i definitely dont want to go back. Another guy walked out last week because of similar issues. I just cant see things getting resolved. Can i get sued for not working notice or at least part of it? Ive accrued a weeks holiday aswell. Hope all this makes sense, am in a right state at the minute. Stressing cause we have a mortgage and bills to pay

I'm amazed the wonderful people on here have not replied as of yet, I'll try and give some advice.

1) find the company grievance procedure and follow it for the bullying, this way if you take it further (Employment tribunal or they try to take you to court) it looks good for you....it might also actually solve the problem

2) Your boss should not continuosly phone/text you if you are not happy (I take it you two are not friends outside of work), this is disgraceful behaviour and counter productive to your recovery. I would expect maybe the one phonecall for an update and then maybe once a month from there whilst you are off

3) If you hand your notice in you have no money, if the Dr feels you are not well enough to work they will sign you of and for a certain period of time I would have thought you would get SSP (your company may even have contractual sick pay but from what you say I doubt it!)

4) Yes you can get sued for not working your notice, however if you have a sick note then you are still being classed as working (I think! check this though!).

If you up and leave with no notice and no sick note the company can sue you for the costs they incur (ie agency staff wages to cover your place untill they can hire a new person). It is unlikely they will bother but they have the right to

Hope that helps

axomoxia

jdturk wrote: »

I'm amazed the wonderful people on here have not replied as of yet, I'll try and give some advice.

4) Yes you can get sued for not working your notice, however if you have a sick note then you are still being classed as working (I think! check this though!).

If you up and leave with no notice and no sick note the company can sue you for the costs they incur (ie agency staff wages to cover your place untill they can hire a new person). It is unlikely they will bother but they have the right to

Hope that helps

Has anyone ever been sued? After all, if you left work on friday evening, got run over by bus on your way home, are they going to turn up at the reading of the will and sue your estate?

jdturk

axomoxia wrote: »

Has anyone ever been sued? After all, if you left work on friday evening, got run over by bus on your way home, are they going to turn up at the reading of the will and sue your estate?

hmmm I would hope not:p, I very much doubt a company would bother due to costs to sue someone however the option is there to the company so it would be false of me to claim they won't

amjustagirl

Ok ive just gotta hope i can keep getting signed off over the next 3 weeks i work my notice. Luckily i can get upto 20 weeks full sick pay. No i am certaintly not friends with my boss out of work lol. Am going to call my boss on Wednesday to let him know am resigning. Wish me luck! Thanks guys

jdturk

amjustagirl wrote: »

Ok ive just gotta hope i can keep getting signed off over the next 3 weeks i work my notice. Luckily i can get upto 20 weeks full sick pay. No i am certaintly not friends with my boss out of work lol. Am going to call my boss on Wednesday to let him know am resigning. Wish me luck! Thanks guys

Before you do can you please phone ACAS to get confirmation on what to do, they are a very good organisation who will offer better advice.

Even though I don't know you and am normally pro businesses over employees I feel its a shame you feel you can't feel the fight for your job

amjustagirl

To be honest i feel like a need a new challenge, new environment and a job closer to home because its a long commute. Maybe its the push i need to get out and find another job. They say a change is as good as a rest My current company just arnt what they use to be. I just want to leave without a load of hassle. Thanks for the advice.

jazzyman01

If you resign and put in a sick note, there is nothing the company can do because by the time they start any process, you will have left. If you get sick cover for the whole of your notice they will be required to pay you in lieu for your holiday.
If your boss has a boss or you have an HR dept - let them know why you are resigning - you dont want a fuss but they need to know

HellsGranny

Please also check the position re- JSA, should you need to claim it.
I'm unsure of the details as I'm now retired, but leaving your job without a 'good' reason can leave you up the proverbial creek if you are out of work for some time.

Cheers, HG

daska

If for some reason you are unable to get another job quickly can you manage financially, do you need to be able to claim benefits etc?

Talk with ACAS before handing in your notice. They may be able to make suggestions that will help you avoid putting yourself in a less favourable position. In all my dealings with them I've found they are (nearly always) very friendly and helpful (if you do manage to speak to someone who isn't then ring back a little while later and speak with someone else).

ableandy

Just to clear up one issue, YES you can get sued for not working your notice, HOWEVER the amount you would have to pay (assuming the case was won by your company) is the difference between the salary that would be paid to you against the salary paid to the temp / agency / new employee for he notice period. So, if you were paid £15.00 per hour and they got a replacement and paid them £17.00 per hour then you COULD be sued for £2.00 (+ additional NI Payments / holiday entitlements etc (Roughly 1/3).

It is very unusual for a company to sue due to the minimum gain and the large amount of work required.

PERSONALLY, I would put in a formal written grievance, if that does not resolve your problem I would talk to ACAS about resigning and claiming constructive dismissal. No one should have to put up with what you are having to endure.

Good Luck.