What can I do to leave earlier during notice period due to stress from my boss and start new job

Jablonska

Hello 
Can anybody help with an advice from a legal point of view,please. I've been with the company since 2019. For past year three have been issued within department which I've raised concerns with my line manager who is actually one of the directors. As we don't have HR department, all the issues I've raised were directly dealt with him. He never did anything.  To be quick, the issues are so bad that I've been very stressed and decided to leave. I handed my notice 2 weeks ago and my notice period is 8 weeks but I've asked to negotiate shorter notice period like 6 weeks..since I've handed my notice, the things gone even worse and I've been regularly dealing with my boss being mean, patronising etc. He still didn't agree to the notice period. He wants me to do handover with one of the current employees over the phone. I've prepared all the notes etc. Today hoping he will finally agree the last day, he said that he will decide whichever date to release me but won't tell me in advance. He said once the handover is properly done, then I can go.the person who's taking over is not based in the office and the handover will be taking place online and by phone. I am an accountant so you can imagine this will be hard but I've agreed to it. The person is too busy now for handover so I'm waiting. Today after very unpleasant meeting with my boss. Where I was told he will decided when I can leave, that I'll be paid to the payday and then if he decides to keep me longer, then the remaining amount will be paid at the end of April. He said that he knows i want to go and they want me to go too. But now I've been offered a job. I'm very stressed. Cried today. Can't even advise my potential new employers when I could start. I don't think I can take any more stress and thinking about going off sick but where do I stand from legal point of view? Could I start a new job in few weeks? I don't feel depressed.  I just suffer from such anxiety about going to work as I've been badly treated and patronised after handing my notice in. Can you help with advise please. 

DullGreyGuy

You advised them you had an 8 week notice period and so you can set a start date based on that. You can speak to them about the possibility of an earlier start date if you get released early. In principle the new employer could get all your details setup, IT ordered etc now and so be able to have you start with potentially a few days notice, or at most a week or such. 

If you are signed off sick by the doctor you cannot start at the new role whilst deemed unfit to work, doctors can do a partial fit note, saying you are only unfit to do certain work but most GPs would typically only do this saying you aren't fit to do physical work but can do desk work etc so not appropriate for your situation. 

You've only got 6 weeks left to go, keep your head down, try to do the handover but if the other person is still too busy then its going to their problem not yours 

Hoenir

How much annual leave will you have accrued / are owed by your current leaving date. 

HampshireH

Your new employer would be expecting ypu to have your notice period as you would already have told them this was I weeks right?

So thats through date they can expect you to start.

Is your holiday year from 1st Jan or by financial year (do you have any you could take)

Do you have a HR department you could speak to?

Emmia

I'd join your new employer 8 weeks after you handed your notice in.

lf your handover isn't completed because of the other person being unable to make time, then I'd email notes / documents to them on your last day  - probably as the last email you send.

I'd talk to an HR department if you have one, as your boss is being unreasonable.

General_Grant

Some people have asked about your holidays but this is not really relevant insofar as you can only take holiday in your notice period if your employer agrees and they wouldn't if the handover has not happened.  If there was any holiday entitlement accrued but not taken by the time your notice expires then it would be paid or, if more holiday had been taken than accrued, the value should be deducted from your final pay.

Even if you were to be permitted to take the holiday at the end of your notice period, you would still be employed by your current employer.

At least you know that your last day will be 8 weeks after you handed in your notice and you will be free to start your new job after that.

MattMattMattUK

You are leaving, just stop worrying, if your boss is patronising the be sarcastic back. Drink more tea, apply apathy until you are out of there. They can only wind you up if you let them, if you do not care then their prattling will just be irrelevant background noise.

gwynlas

Really hard but notice period is set at eight weeks so you just have to suck it up. You know what you need to do aon a day to day basis so do not give your boss any ammunition. Decide when you need to hand over and confirm in writing to all concerned, boss would be shooting themselves in the foot if he failed to allow this to happen. Chin up you will be out of there soon.

TELLIT01

HampshireH said:

Your new employer would be expecting ypu to have your notice period as you would already have told them this was I weeks right?

So thats through date they can expect you to start.

Is your holiday year from 1st Jan or by financial year (do you have any you could take)

Do you have a HR department you could speak to?

The OP said there is no HR department. 

Any suggestions about taking leave are pointless as it is entirely up to the employer to decide if outstanding leave must all be taken, or if none can be taken or anything in between.  We see all too often on this site people who believe they have the right to take all the leave owing to them before they leave.  They are quite simply wrong.

Jablonska

So. I have 3 days holiday accrued by the time. What I'm asking is that my notice period ends mid May.  I've asked if I can leave at the end of April.  He said I don't know.  Now he is saying that depends on the handover, he might decide for me to leave the company any time he wishes like let's say 20th of April and I will have to leave on the day and obviously will get paid to that day. But it means that if I start a new job on the 1st May that I will be not paid for the period between. Which I cannot afford. We're 12 million turnover company and employee around 50 people but we don't have HR department.  HR is my boss basically. 

Savvy_Sue

I'm not sure he can just say "actually, leave today" without paying you for your notice period. 

You may need to get some 'proper' advice lined up with an eejit like this.