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Legal Question Re: Notice Of Resignation

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My story: I'm fed up to the back teeth with my job- it's gone from being challenging but rewarding, to challenging and stressful; it feels to me now that however hard I try, there's always some over-promoted knobbit standing by waiting to pick holes in my performance simply to justify their own worthless existence.

So at the start of the year, a colleague and I put in a request to job-share- we work five days a week on a rota system, and we proposed to simply share one week's worth of jobs between us on a mutually agreed basis, with him doing three and me doing two. I'm basically completely flexible, I just don't want to work five days a week any more since I'm lucky enough to have plenty of cash savings, and I live for the moment in my mum's house completely rent free. I plan on doing the London Taxi knowledge.

Initially our request was refused on the basis that they were already short staffed. There are loads of staff on the grade below us who would jump at the chance of a promotion, and indeed they have just this month put about 9 of them through the qualification course, all of whom passed. Colleague and I appealed, and heard nothing for over a month. After a particularly bad day at work in early March I put a month's notice in.

That seemed to wake them up, and I finally got a meeting with my line manager's manager. He made positive noises about it, given the backdrop of me having put my notice in anyway. It was agreed that I'd 'stay' my resignation until further consultation had been made. At no point have I ever written or signed anything withdrawing my notice. I've been turning up to work every day on the understanding that if I'm there, they'll pay me (which they did, in full, last month).

That was 6 weeks ago, and it still hasn't been resolved, and I've had one call from my line manager in that time saying that it's now in the hands of Personnel. It's now 6 weeks after my original leaving date as stipulated in my notice, and I'm still on the published rota as working for the next two weeks.

I'm obviously getting extremely fed up now. My plan is to phone my line manager on Monday and tell her that either I do two days the week after next, or I leave and do no days. So, long tale of woe over, what I need to know is- have I somehow negated my original, never formally revoked notice by agreeing orally to continue working for the company, and then actually doing so? As far as I'm concerned, I could quite legally not turn up to work tomorrow and cite my notice. I have enough respect for my colleagues and the chap whose job it is to cover the jobs that I wouldn't just walk out with no notice, but equally I feel that I have acted in good faith and my employer has not, so I'm both morally and legally able to walk away in two weeks time while expecting to get paid for the services I have rendered. But I need to be sure!

Any advice much appreciated! :)

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If you don't turn up, what is the worst they can do?

Sack you.

Given your situation, so what.

You are right to give them one last chance to fix it for the week after this coming week. I'd say that is generous of you.

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If you don't turn up, what is the worst they can do?

Sack you.

Well, that's what I'm not sure about. I'm sure I've read in the past that if you leave with no notice the company is entitled to sue you for breach of contract. In all probability they would not, but I don't want to chance it.

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Yes you probably could but on the other hand will they owe you wages in lieu and crucially will you be relying upon a reference from this form going forward?

Always best to part on good terms except when there is no alternative.

Not wishing to sound alarmist but if it is the stress which is causing you to have second thoughts about this role and it has been heavy and relentless then it may have affected your mood which may be disrupting your internal decision process.

2 things as a result of this. Maybe consider seeing your Doctor lay out the facts about workplace stress and ask him if he/she thinks you may be mildly depressed. The doc will know the questions to ask.

Any employer owes you a duty of care in the workplace. Ensuring you do not have unacceptable levels of stress to cope in your job role is part of that. If your doc finds evidence he may suggest what you are requesting reduced time in the workplace but has no legal power to enforce it (would need your employers agreement). If the employer refuses all this then it puts them on a sticky wicket and you may and I stress may be into constructive dismissal territory.

If your doctor does diagnose mild depression or similar there are some good and effective treatments around which can deal with this quickly. Alternatively he may sign you off sick from the workplace for a period where you can evaluate.

Whatever the problems you should first seek help. Chucking a perfectly good job in this economic climate (even id you do live well and have savings) is not normal behaviour.

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geezer456's advice is worth looking into.

Also consider if there are ways you can manage the stress. You are actually in a very good position. You have a sizeable f-you fund, cheap living costs and are prepared to walk if need be. Basically, work is optional for you. Realising that is a great liberator. Further, your company actually needs you.

If unpaid overtime is causing you stress, for example - simply stop doing it. If there's too much to do in a day, ask your boss to prioritise. Obnoxious colleagues? - Can you work at home some of the week? Find ways to leave the job at work, take up a hobby, a sport etc. Can you create a system for doing stressful tasks that helps reduce the burden of them. I used to find dealing with my daily deluge of email stressful. Now about 50% of them get deleted without opening. I have standard responses for most frequently asked questions - and I schedule time for any that'll take more than a couple of minutes to deal with.

Personally, I found a book called The Four Hour Work Week to be enormously helpful. As was another called Getting Things Done.

Bear in mind that the pace of change in HR is often slow. Ask for date when the new arrangement will come into affect - and chase HR everyday for progress.

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Not wishing to sound alarmist but if it is the stress which is causing you to have second thoughts about this role and it has been heavy and relentless then it may have affected your mood which may be disrupting your internal decision process.

2 things as a result of this. Maybe consider seeing your Doctor lay out the facts about workplace stress and ask him if he/she thinks you may be mildly depressed. The doc will know the questions to ask.

Any employer owes you a duty of care in the workplace. Ensuring you do not have unacceptable levels of stress to cope in your job role is part of that. If your doc finds evidence he may suggest what you are requesting reduced time in the workplace but has no legal power to enforce it (would need your employers agreement). If the employer refuses all this then it puts them on a sticky wicket and you may and I stress may be into constructive dismissal territory.

If your doctor does diagnose mild depression or similar there are some good and effective treatments around which can deal with this quickly. Alternatively he may sign you off sick from the workplace for a period where you can evaluate.

Your doc would sign you off if you 'just can't cope with the situation any more'. Good luck.

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My story: I'm fed up to the back teeth with my job- it's gone from being challenging but rewarding, to challenging and stressful; it feels to me now that however hard I try, there's always some over-promoted knobbit standing by waiting to pick holes in my performance simply to justify their own worthless existence.

So at the start of the year, a colleague and I put in a request to job-share- we work five days a week on a rota system, and we proposed to simply share one week's worth of jobs between us on a mutually agreed basis, with him doing three and me doing two. I'm basically completely flexible, I just don't want to work five days a week any more since I'm lucky enough to have plenty of cash savings, and I live for the moment in my mum's house completely rent free. I plan on doing the London Taxi knowledge.

Initially our request was refused on the basis that they were already short staffed. There are loads of staff on the grade below us who would jump at the chance of a promotion, and indeed they have just this month put about 9 of them through the qualification course, all of whom passed. Colleague and I appealed, and heard nothing for over a month. After a particularly bad day at work in early March I put a month's notice in.

That seemed to wake them up, and I finally got a meeting with my line manager's manager. He made positive noises about it, given the backdrop of me having put my notice in anyway. It was agreed that I'd 'stay' my resignations until further consultation had been made. At no point have I ever written or signed anything withdrawing my notice. I've been turning up to work every day on the understanding that if I'm there, they'll pay me (which they did, in full, last month).

That was 6 weeks ago, and it still hasn't been resolved, and I've had one call from my line manager in that time saying that it's now in the hands of Personnel. It's now 6 weeks after my original leaving date as stipulated in my notice, and I'm still on the published rota as working for the next two weeks.

I'm obviously getting extremely fed up now. My plan is to phone my line manager on Monday and tell her that either I do two days the week after next, or I leave and do no days. So, long tale of woe over, what I need to know is- have I somehow negated my original, never formally revoked notice by agreeing orally to continue working for the company, and then actually doing so? As far as I'm concerned, I could quite legally not turn up to work tomorrow and cite my notice. I have enough respect for my colleagues and the chap whose job it is to cover the jobs that I wouldn't just walk out with no notice, but equally I feel that I have acted in good faith and my employer has not, so I'm both morally and legally able to walk away in two weeks time while expecting to get paid for the services I have rendered. But I need to be sure!

Any advice much appreciated! :)

Do you work on a dark , desert highway?

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Thanks all for the replies, and sorry about the slight delay in replying.

Always best to part on good terms except when there is no alternative.

Indeed, and I would like to- in fact I don't actually want to leave, just go part time. For two days of the week I could put up with the stress and the unsocial hours, I just don't want to do five days any more.

Not wishing to sound alarmist but if it is the stress which is causing you to have second thoughts about this role and it has been heavy and relentless then it may have affected your mood which may be disrupting your internal decision process.

2 things as a result of this. Maybe consider seeing your Doctor lay out the facts about workplace stress and ask him if he/she thinks you may be mildly depressed. The doc will know the questions to ask.

Thanks- but I'm not depressed; I have been in the past but I'm not now.

Any employer owes you a duty of care in the workplace. Ensuring you do not have unacceptable levels of stress to cope in your job role is part of that. If your doc finds evidence he may suggest what you are requesting reduced time in the workplace but has no legal power to enforce it (would need your employers agreement). If the employer refuses all this then it puts them on a sticky wicket and you may and I stress may be into constructive dismissal territory.

I work as a supervisor in the London bus industry, and share a 19 week rota with 18 other people. I am not singled out for overwork and stress, we're all in the same boat. Some of my colleagues can cope with it better than me (generally by caring less about the job, I find! ), others find it as hard as me but aren't in a position to cut their hours or walk.

Whatever the problems you should first seek help. Chucking a perfectly good job in this economic climate (even id you do live well and have savings) is not normal behaviour.

Realistically, the job's not going to get any better. Transport For London are tightening up the contract terms every time route contracts come up for renewal (as they quite rightly should, given thet it's taxpayers money they're spending) and so we're going to keep getting asked to do more with less.

I'm a reasonably capable bloke, I don't want to be doing that job for the rest of my life (even if it wasn't stressful at all, I'm fed up with working shifts), and so given that I have enough to live on comfortably for at least 3 years, it's time for a change. If I get my 2 days a week working I won't erode my savings at all.

Find ways to leave the job at work, take up a hobby, a sport etc.

Well, with shift work, I'm either finished by early afternoon but then completely knackered through lack of sleep having awoken at 3-6am (I have another three days of 4.30am starts to look forward to this week), or I'm rolling home at 10pm or later. Makes it hard to do sports really (I have a home gym in my garage which I attack in fits and spurts- really need to get back on it TBH).

Your doc would sign you off if you 'just can't cope with the situation any more'. Good luck.

Indeed, but I can cope, I just don't want to any more. I could probably pull a decent sicky for a month or three before they gave me the boot, but...I'm not sick! Colleagues have suggested it, but two wrongs don't make a right!

Do you work on a dark , desert highway?

Took me 15 seconds or so to get that! :lol:

Did you request the job share via the flexible working legislation? If you did then there are time limits on how long they can take to make a decision.

Good point. I didn't, as I don't have any kids (nor am I a carer, not sure if that counts anyway...) but the colleague with whom I was proposing to jobshare does have a young child. Irritatingly (for me at least) his missus is pregnant again and he reckons that when she goes onto statutory maternity pay in January (baby due in October I think), he's going to have to to back full time as otherwise he won't be able to cover the mortgage. I'm not sure what'll happen then (though if I can get the company to put me on a zero hours contract I'd be laughing).

Anyway, a quick update- my union rep met with our manager today (he was at the office for an appeal against another colleague's summary dismissal! :ph34r: ). I called him beforehand and asked him to raise it- he said it was already on his agenda. I'll speak with him before I make any threatening phone calls!

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  • 238 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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