Advice needed please - my rights to leave

PrincessJR

Hi,

I started a new job 6 weeks ago and without going into too much details, the organisation is a farce. They are in the middle of restructuring and every single member of staff I've met is unhappy.

My contract states that during the probationary period I must give 1 months notice (after probation it's 2 months) however I believe that my employer has broken their side of the contract.

The person who was stated as my line manager on my Job description handed their notice in before I started and no replacement was found, so when I started on my first day I was told that I had no line manager!?! No-one from senior management has been down to the place I am based and I feel very much as if the post was only filled to fulfil funding requirements (in fact Im sure it was). I have now learnt who has decided to take responsibility for me and be my line manager, but after 2 weeks of the decision being made, this person has still not introduced themselves to me or even picked up the phone. Surely this is very poor management and not offering a new starter the support they need?

I am considering just walking out (well leaving at the end of a shift and not going back the next day) but where would I stand legally on that? Could they 'charge' me for the 1 months notice period in some way? (Im only part time so it would equate to 12 days lost - 3 days per week)

Is it better to simply call in sick then not return?

I don't want to make life difficult for myself but at the same time the job is simply a tick box exercise for the organisation and I have zero support. Whenever I ask someone a question they always say " I dunno" and shrug?!

Undervalued

PrincessJR wrote: »

Hi,

I started a new job 6 weeks ago and without going into too much details, the organisation is a farce. They are in the middle of restructuring and every single member of staff I've met is unhappy.

My contract states that during the probationary period I must give 1 months notice (after probation it's 2 months) however I believe that my employer has broken their side of the contract.

The person who was stated as my line manager on my Job description handed their notice in before I started and no replacement was found, so when I started on my first day I was told that I had no line manager!?! No-one from senior management has been down to the place I am based and I feel very much as if the post was only filled to fulfil funding requirements (in fact Im sure it was). I have now learnt who has decided to take responsibility for me and be my line manager, but after 2 weeks of the decision being made, this person has still not introduced themselves to me or even picked up the phone. Surely this is very poor management and not offering a new starter the support they need?

I am considering just walking out (well leaving at the end of a shift and not going back the next day) but where would I stand legally on that? Could they 'charge' me for the 1 months notice period in some way? (Im only part time so it would equate to 12 days lost - 3 days per week)

Is it better to simply call in sick then not return?

I don't want to make life difficult for myself but at the same time the job is simply a tick box exercise for the organisation and I have zero support. Whenever I ask someone a question they always say " I dunno" and shrug?!

If they suffer a direct loss as a result of you breaching your contract (despite making reasonable efforts to minimise their losses) they could, in theory, sue you for their losses.

Such cases are very rare with "ordinary level" jobs but it can happen. Far more likely is that they don't pay you for some or all of the time you have worked and/or your accrued holidays. That would be unlawful but can sometimes degenerate into a case of "don't sue us or we will sue you".

Most likely of all is that nothing happens but don't ask them for a reference!

TELLIT01

If they are as disorganised as you say, I would hand in a resignation letter stating you are giving 1 weeks notice. Chances are it will be accepted and nobody will realise.

tacpot12

I don't think you have the grounds to walk out due to breach of contract. You haven't said you have asked your line manager to meet with you to explain your duties. Your need to take a certain amount of responsibility for managing this situation.

You need to tell your manage that you are considering leaving, and set out what you expect them to do change their mind. Ask them if they honestly think they can do what you want. Chances are they will say that they can, when in reality they don't think they can do it. It will be up to you to decide if you want to give them the time to do the right thing, or hand your notice in.

PrincessJR

tacpot12 wrote: »

I don't think you have the grounds to walk out due to breach of contract. You haven't said you have asked your line manager to meet with you to explain your duties. Your need to take a certain amount of responsibility for managing this situation.

You need to tell your manage that you are considering leaving, and set out what you expect them to do change their mind. Ask them if they honestly think they can do what you want. Chances are they will say that they can, when in reality they don't think they can do it. It will be up to you to decide if you want to give them the time to do the right thing, or hand your notice in.

Thanks. Actually it was only as a result of me asking the question that a line manager was decided upon (I emailed HR asking who I would report to and who I would be supported by with 121's etc and a week later they emailed back saying that either X or Y would be my line manager). I later found out through word of mouth that it was Y but that person hasn't approached me.

tacpot12

Ok, so start keeping a record of what you've done to get your manager to meet with you, in case you need to refer to this. I would expect to meet with a new member of my staff within 24 hours, but if there is someone who is giving you work to do, but is not your line manager, it may be acceptable to not meet your manager for upto four weeks.

I would let HR know if you haven't managed to meet your line manager within two weeks. You could give HR your notice at that time, or earlier if you wish.

Curiously, it is not illegal for your employer to give you nothing to go, unless your pay is linked to formally linked to performance, e.g. by way of sales targets.

theoretica

If you want to leave, tell them and negotiate your notice period. If you are accomplishing as little as you think then they should be happy for you to leave now rather than in a month.