Notice period/stress related

[newmeme14]

Hello guys,


I will try and keep this to the point.


Basically 7 months ago I was desperate for a job and took the first thing I was offered. It was in the school holidays and driving to the interview took 30-40 mins. The journey was only 17 miles. Great I thought.


Well, since then this isn't the case. It is currently taking me between 2.5-3 hours a day round trip (yes for 17 miles each way!) the traffic is terrible.


I like my job and get on well there and get along with everyone etc.


I have always suffered from depression/anxiety etc and am currently being seen under the mental health team as I was showing signs of bi polar and am going to be starting therapy and CBT.


I am currently suffering alot as the journey is getting me down, miserable, anxious all over the weekend, feeling sad and non stop crying. It is really hard. I have been to a few interviews where by they are very accessible i.e 20 min train and I am due to hear from one today.


I have looked at my contract to check that my notice period is 1 month and not infact a week or 2 weeks. My notice period from them if they ever wanted to get rid of me is 1 week. Upon looking, I discover my notice is 2 MONTHS!!!!!!!!! I am not even a CEO or anything just a PA/administrator!! I think this is just crazy. Granted I should have been thorough and checked this upon taking the job but I guess I didn't deem it necessary.


What potential new employer would in their right mind wait a whole 2 months for someone to start unless it was for a high powered role they wanted to fill??


I seriously don't know what to do if I am offered the role. I can stay a month of course and work a months notice. As that is general practice. I just don't know how much more I can cope of this horrendous drive, its affecting my personal life. I am miserable, anxious, don't bother with my hair and make up anymore when I always take pride in my appearance.


I know if I suggested doing just one month they would say NO. I 100% know that.


I don't know what my options are. Although I have not been offered anything alternative yet, I still feel trapped. I guess that was the reason for them putting in a long notice period, to trap people in.


Any advice gratefully welcome.


Rachel

[Amethyst]

Re: Notice period/stress related

Blimey. I used to commute into Cambridge from near Huntingdon and that sometimes took me 2 hours plus due to the traffic, and that was 19 miles. Extremely tiring and sole destroying.Plus my pay was crap so I was just about covering travel costs and rent lol.

Is there no way you can get a train to work ?

Otherwise do you have any leave owing you could use to make up part of your notice period ?

Or when you get a new job could you negotiate with your employer to reduce your notice period (foreiting the pay obviously)

If you leave before the end of the notice period when your employer doesn't agree you may leave earlier then you would be breaching your contract and theoretically they could take action against you for compensation for any financial loss they have incurred due to your leaving. However if your job isn't very specialised then that is very unlikely.

[newmeme14]

Re: Notice period/stress related

Blimey. I used to commute into Cambridge from near Huntingdon and that sometimes took me 2 hours plus due to the traffic, and that was 19 miles. Extremely tiring and sole destroying.Plus my pay was crap so I was just about covering travel costs and rent lol.

Is there no way you can get a train to work ?

Otherwise do you have any leave owing you could use to make up part of your notice period ?

Or when you get a new job could you negotiate with your employer to reduce your notice period (foreiting the pay obviously)

If you leave before the end of the notice period when your employer doesn't agree you may leave earlier then you would be breaching your contract and theoretically they could take action against you for compensation for any financial loss they have incurred due to your leaving. However if your job isn't very specialised then that is very unlikely.

Thank you Amethyst. That sounds just like my situation!

Unfortunately the train costs more AND would take the same length of time.

My doctor is more than willing to sign me off as I have been so stressed and with all the other mental health issues. I just cannot afford to do it.

Maybe that combined with your suggestions could shorten the "sentence"?

[bluebottle]

Re: Notice period/stress related

How long have you been diagnosed with mental health issues and was your current employer made aware of them when you started your employment? There are laws - Equality Act 2010 is one of them - that require an employer to make "reasonable adjustments". You would be wise to contact ACAS in your situation. They can provide you with impartial advice.

[newmeme14]

Re: Notice period/stress related

How long have you been diagnosed with mental health issues and was your current employer made aware of them when you started your employment? There are laws - Equality Act 2010 is one of them - that require an employer to make "reasonable adjustments". You would be wise to contact ACAS in your situation. They can provide you with impartial advice.

Hello

Thank you for your reply.

They were not away no, not a pip squeak.

I have just had a call from the interview and they have offered me the job. They want me to go in on Tues to sign a contract.

I feel so low I don't know what to do now. I just need to get out :-(

[bluebottle]

Re: Notice period/stress related

Hello

Thank you for your reply.

They were not away no, not a pip squeak.

I have just had a call from the interview and they have offered me the job. They want me to go in on Tues to sign a contract.

I feel so low I don't know what to do now. I just need to get out :-(

Mental health is an often delicate issue - I went through some mental health issues myself some years ago - and requires an individual approach. From what you have said, I am wondering if you would benefit from having a chat with your Mental Health Support Worker (MHSW) or Community Psychiatric Nurse (CPN) as to what would be best for you, given the issues you have. That way, you can work out a plan that will enable you to do work that will not stress you out, but, at the same time, will not aggravate or exacerbate your mental health issues. Hope this helps.

[Amethyst]

Re: Notice period/stress related

Brilliant news on the job offer, well done

If you can get a supporting letter from your doctor advising that it is in the best interest of your health that you resign in order to avoid the long and stressful travel to prevent your depression from getting worse, and hand that in with your notice of resignation, you should then be able to resign with immediate effect, as health grounds take precedence over any terms of a contract that are likely to result in your health issue being made worse.

[Harmonica]

Re: Notice period/stress related

If you make your employer aware that you have a disability and that the job is making you so ill that you need to leave there would be very little they could do. They could potentially chase you for breach of contract and seek compensation but that usually never happens in normal cases. You have a disability that is protected by law. They might not like it but there really is nothing they could do if the job is genuinely making you ill. Make sure your GP is well aware of your decisions and that it is all down in your medical notes just in case your former employer decided to get a bit testy.

[teaboy2]

Re: Notice period/stress related

Like Amethyst said, so long as shes gives them a copy of a letter from her doctor when she hands her notice in, pointing out that she is resigning for health reasons due to the effect the traveling to and from work has on her, then their is nothing the employer can do. They would have to accept it. They would not be able to sue for breach of contract as her health takes precedent over any terms of any contract where such term, that she may normally be required to honor, is or likely to result in her condition being made worse.

Remember an employer has a legal duty of care to all employees and can not act in anyway where they know that doing so may effect the employees rights, safety or health. That includes enforcing a term of the employment contract, which may impact on the employee.

[newmeme14]

Re: Notice period/stress related

Hi guys,

Thank you for your replies.

I just wanted to update and get some additional advice.

I handed in my notice to my boss who seemed ok about it and said we could possibly negotiate a shorter term. As long as we can get someone in as a replacement and I train them up etc. This is alright accept it leaves the other company in limbo as I cannot give a definate date (have told them I am hoping for 6 week start.)

I told my boss my reason for leaving is due to my health etc and went into quiet a lot of detail as I wanted my boss to know I was genuine and not just making it up.

Went in to work on Monday and it was all very awkward. Was off Tuesday as I had an important hospital appointment(different matter) it was quite traumatic and I kept waking up last night having panic attacks and worrying about it. I have had a bad stomach and internal bleeding today as a result of yesterdays appointment and a banging migraine so took the day off sick.

Prior to this yesterday morning I was very stressed and worried about my appointment. My appointment was at 11am, I woke up and already had a text from my boss asking me this that and the other and being very stressy the texts continued and I had to message him saying that I was turning off my phone because I need to be relaxed and calm for my appointment. That was the last I heard of him. I was very angry about all that. He knew what I was going in for yet totally antagonised me before hand.

I have been briefly checking my work emails today as to keep on top of what work is coming in.

I am not supposed to but curiosity got the better of me and I remotely checked a few of my bosses emails to see if my boss was "slagging me off" to the other boss (they both own the company).

The other boss had been complaining about me being off sick and my boss was agreeing.
The other boss then went on to ask my boss when I handed in my notice and when I was leaving.
My boss replied saying that I wanted to shorten my notice due to my mental health issues.
The other then replied back but this time really laying into me saying things like: "what is wrong with her, she is engaged, mental health problems" basically dismissing it as ridiculous.

To say I am gutted and upset is an understatement. This person has clearly never dealt with these issues and has no idea. I know I should have left it alone but I needed to know what was being said behind the scenes.

I don't know what to do.

I feel like I am going to made to work the full 8 weeks. I can't handle to atmosphere and the bitching. I have been nothing but loyal and they are making a mockery of my illness and reasons for leaving.

Please can someone help me. I am really really at my witts end.

Any advice gratefully received.
x

[Harmonica]

Re: Notice period/stress related

It's easy for others to say what you should do when they're not in your shoes. It's a lot harder when it's you who needs to make the decisions. However, they are not allowed to behave in such a way that it makes you ill and it would appear that is what they are doing. Put this situation in writing to them so there is a written record of how you feel their behaviour is impacting on your mental health. I cannot see how they have a leg to stand on if you just left right now to be honest.

[teaboy2]

Re: Notice period/stress related

Don't put anything in writing about accessing the emails - Accessing another persons emails is not only breach of a Companies IT Policy but is a breach of the computer misuse act 1990 section 1 (off top of my head) it could also be a breach of privacy and the data protection act 1998.

Breach of the computer misuse act 1990 is a criminal offense - So i doubt you want to admit to doing that.

As its would be deemed as breach of IT Policy you would likely face disciplinary if you told them you accessed their emails.

Stick to what i said before, do the notice period that you feel is best for your health - Don't worry about them needing any new staff to replace you and for you to train them, that is their problem not yours! Just remember the Doctors letter to give to them, and stand firm.

[newmeme14]

Re: Notice period/stress related

Thank you both for your replies. I really appreciate the advice.

Teaboy my only concern is if they pursue me for leaving 2 weeks early(if I was to leave after 6 weeks for example) I know you mentioned health comes first. Which it does.

I'm just concerned that they would find a loop hole somewhere....

[teaboy2]

Re: Notice period/stress related

So long as you have a doctors letter, advising you resign as soon a possible to protect your health. You will be ok. Health takes precedence over any contract term that may cause you more determent to your health, should you honor such term.

No court or tribinul will side with them when its clear you were acting to protect your health. Plus the company would have a duty to make reasonable adjustments, this doesn't just mean physical adjustments to working environment, but also reasonable adjustments to your contractual terms which effect your health. So a court/tribunal would likely find them to have acted unreasonable and unfairly towards you if they tried to force you to work the full 6 week notice period, knowing your health situation. Also mental health issues are protected under the equality act 2010, so they would be in breach of said act, if they did acted in a way that would likely cause your health to become worse.

[Harmonica]

Re: Notice period/stress related

Tdisability you both for your replies. I really appreciate the advice.

Teaboy my only concern is if they pursue me for leaving 2 weeks early(if I was to leave after 6 weeks for example) I know you mentioned health comes first. Which it does.

I'm just concerned that they would find a loop hole somewhere....

The irony is that your disability is probably what's making you worry and ruminate so much about this.