Shortening my notice period - I think I'm in my rights?

l.ackers

I am a director of a company that has 2 fellow directors, father and son. The son on numerous occasions has committed gross misconduct, one of which this time last year was snooping through my personal email accounts whilst I was not in work with no prior permission. I almost left the company because of this but I thought better of it.

The latest episode is that stock has been taken over the last 2 months and sold for less than cost for personal gain. I discovered this and had a discussion with the fellow director, his dad.

Since this has happened the atmosphere has been evil, and so I have finally handed in my notice.

My notice period should be 2 months but there is no way I will remain in this toxic environment where gross misconduct seems to be a game for this long, so I made a notice period of 2 weeks. However I have received a response letter stating that my notice period is in fact 2 months, and that it would be preferred if I would work a longer period, even if not the full period.

I am not willing to do this and feel that my 2 weeks notice period is very generous indeed. I will be happy to document as much as I can within the two weeks for a replacement to come in and start doing my daily work.

The way I see it is that there has been breach of contract between myself the son on numerous occasions, and that I am within my rights to now give a shorter period of notice. But I do not know how this stands up with "law" and "contracts".

Where do I stand with this?

Any advice would be appreciated on how I can proceed to exit quickly, and without any "comebacks".

Undervalued

l.ackers wrote: »

Where do I stand with this?

Any advice would be appreciated on how I can proceed to exit quickly, and without any "comebacks".

On the wrong side in the unlikely event they choose to make a fuss about it!

To be justified in walking out without notice it would need to be an immediate response to a fundamental breach of contract. If you like, the equivalent of sacking an employee without notice for gross misconduct.

So really, it should have been all or nothing. What you can't properly do is "save up" such episodes and use them later.

That said the chances of them pursuing you for any unavoidable losses are slim. Getting paid might be harder, it could degenerate into a "you sue us and we will sue you"!

l.ackers

Undervalued wrote: »

On the wrong side in the unlikely event they choose to make a fuss about it!

To be justified in walking out without notice it would need to be an immediate response to a fundamental breach of contract. If you like, the equivalent of sacking an employee without notice for gross misconduct.

So really, it should have been all or nothing. What you can't properly do is "save up" such episodes and use them later.

That said the chances of them pursuing you for any unavoidable losses are slim. Getting paid might be harder, it could degenerate into a "you sue us and we will sue you"!

The latest episode is very recently, only last Thursday was it discovered and my notice handed in yesterday.

In your eyes, does that count as an immediate response to a fundamental breach of contract?

The last episode/s are written off, I got over that until this happened last week.

Undervalued

l.ackers wrote: »

In your eyes, does that count as an immediate response to a fundamental breach of contract?

Probably but if so then, arguably, it should be no notice rather than a reduced amount.

I suspect this is academic but you might want to get professional advice before suing them if they fail to pay you.

l.ackers

Undervalued wrote: »

Probably but if so then, arguably, it should be no notice rather than a reduced amount.

I suspect this is academic but you might want to get professional advice before suing them if they fail to pay you.

Very true. I did toy with the idea of leaving without any notice, but thought I would be kind and try to make it go at least a little smoothly for the company and other employees.

I wouldn't be too upset if I didn't get paid for my notice period. More of my concern is getting paid for the last month that I worked! Pay day was on Friday, but I'm seeing nothing yet!

Undervalued

l.ackers wrote: »

Pay day was on Friday, but I'm seeing nothing yet!

Exactly !

l.ackers

Undervalued wrote: »

Exactly !

Before I had even handed my notice in!?

LittleVoice

Undervalued wrote: »

So really, it should have been all or nothing. What you can't properly do is "save up" such episodes and use them later.

I think one can use "the last straw" reason and thus earlier events can contribute to a decision.

LittleVoice

l.ackers wrote: »

I am a director of a company that has 2 fellow directors, father and son. The son on numerous occasions has committed gross misconduct, one of which this time last year was snooping through my personal email accounts whilst I was not in work with no prior permission. I almost left the company because of this but I thought better of it.

The latest episode is that stock has been taken over the last 2 months and sold for less than cost for personal gain. I discovered this and had a discussion with the fellow director, his dad.

Since this has happened the atmosphere has been evil, and so I have finally handed in my notice.

My notice period should be 2 months but there is no way I will remain in this toxic environment where gross misconduct seems to be a game for this long, so I made a notice period of 2 weeks. However I have received a response letter stating that my notice period is in fact 2 months, and that it would be preferred if I would work a longer period, even if not the full period.

I am not willing to do this and feel that my 2 weeks notice period is very generous indeed. I will be happy to document as much as I can within the two weeks for a replacement to come in and start doing my daily work.

The way I see it is that there has been breach of contract between myself the son on numerous occasions, and that I am within my rights to now give a shorter period of notice. But I do not know how this stands up with "law" and "contracts".

Where do I stand with this?

Any advice would be appreciated on how I can proceed to exit quickly, and without any "comebacks".

Are you a director of the company (ie recorded as such at Companies House)? If so, have you resigned as a director which would be separate from your position as an employee.

Were the emails on the works computer? If so, were none of the emails work-related? Why would you save personal emails on your works computer?

So your notice period as an employee according to the written contract is two months. The company could pursue you for any related costs above the cost of employing you for the unworked portion of your notice period.

l.ackers

LittleVoice wrote: »

Are you a director of the company (ie recorded as such at Companies House)? If so, have you resigned as a director which would be separate from your position as an employee.

Were the emails on the works computer? If so, were none of the emails work-related? Why would you save personal emails on your works computer?

So your notice period as an employee according to the written contract is two months. The company could pursue you for any related costs above the cost of employing you for the unworked portion of your notice period.

I am, my letter of resignation was regarding directorship and employment.

In the office there are separate computers with user accounts, and on my computer on my user I had my gmail set to stay logged in, never envisaging that happening. But that is a separate issue, the issue which has pushed me to resigning is the fact that stock has been stolen, sold personally for personal gain at well below cost, damaging the company dramatically. The misconduct is unstoppable.