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Company ignoring Notice

Discussion in 'Careers, Employment and Professional Development' started by Minxy, Jun 10, 2020.

  1. Minxy

    Soldato

    Joined: Oct 18, 2002

    Posts: 5,248

    Obviously we are in uncertain times but I’m hoping for advice.

    The other half has worked for his company for just over a year, his contract states he needs to give three months notice. He has been on furlough for about the last ten weeks. He is a sales rep and so customer facing, he is an asthma sufferer and has made the decision that he does not want to return to work in a customer facing role so has handed in his notice and given the reasoning on health grounds and has requested a shorter notice period. The company do not seem to wish to acknowledge him.

    Initially he sent an email to his line manager who rang him wanting to check he wasn’t going to competition and would get back to him on the issue of notice periods.

    Two days passed and nothing so the OH contacted his manager again and got told that the big cheese wanted a letter and it would be him the OH would need to deal with. That got sent the following day by recorded delivery. This arrived a week ago and yet there has still been no contact. He’s tried calling the big cheese but as yet no reply, I’m thinking the next step is to contact HR?

    Any advice is appreciated. He is quite anxious about not going back out on the road which is probably not that far away given that lockdown is shifting but he has company transport and stock that requires returning. It would be nice to know what is happening really.

    Thanks
     
  2. randomshenans

    Capodecina

    Joined: Sep 11, 2009

    Posts: 11,672

    Location: France, Alsace

    I'd contact HR as first point. If they won't reply, get everything in writing as proof too.
     
  3. Pudney

    Soldato

    Joined: Sep 6, 2005

    Posts: 5,612

    Location: Essex

    First off unless notice has been specified to be in a particular manner and to a particular person in the contract it is likely the initial email to the line manager would have constituted a valid notice of resignation for the purposes of the contract. Outside of that once notice has been given then that's it. So whether or not the employer responds to him your other half is within his 3 month notice period (and I'd argue has been in there a week longer than the employer may actually wish). See link below for a bit more info:

    https://www.irwinmitchell.com/news-...oyers-have-to-accept-an-employees-resignation

    Saying that as the contract states a 3 months notice period then that's what it is unless agreement is reached by the parties. If no agreement is reached then the employer will need to ensure your other half's H&S concerns are dealt with appropriately during any active periods of work in the notice period. If your other half refuses to work then that would be breach of contract. The remedy for that is probably quite limited, but I am not a lawyer so don't rely on my thoughts on the general matter!
     
  4. paradigm

    Caporegime

    Joined: Aug 26, 2003

    Posts: 35,924

    Location: Staffordshire

    My previous employer (huge, multinational based in the US) essentially said nothing about my resignation letter until 3 days before my leaving date!

    Sometimes it’s just the way it is. The way I looked at it was I had laid out my terms in the resignation letter and knew my end date. That was the day I was walking out regardless of communication or contact from my seniors.

    Granted, wanting to renegotiate your leaving date kind of relies on contact, but they aren’t necessarily going to agree to it anyway.
     
  5. The_Arbiter

    Hitman

    Joined: Jul 2, 2019

    Posts: 508

    If it's unsafe for him to work, or feels unsafe, just give the 3 months notice, not go in on the grounds above, and then walk. If it were me i'd be dropping the car and kit off now. Though detail from post is thin so am making presumptions here!

    Typical management, "just checking not going to competition", brb.
     
  6. Minxy

    Soldato

    Joined: Oct 18, 2002

    Posts: 5,248

    Thank you for your responses. We are hoping that given his concerns around health that they will let him go. I can’t see how it would benefit them to keep him. They have an inbound call centre so they could initially cover the area as they have been while he has been on furlough until they have a replacement for him.
     
  7. amigafan2003

    Capodecina

    Joined: Jan 18, 2008

    Posts: 16,128

    Location: Fylde Coast, Lancashire

    He served notice the day he sent the email, so the clock is already ticking. As for worrying about being asked to go back in during the notice period - just don't go in. What are they going to do, sack him?
     
  8. Pudney

    Soldato

    Joined: Sep 6, 2005

    Posts: 5,612

    Location: Essex

    The worst they could probably do is refer to it in any future job references. Most companies wouldn't bother, but some may be inclined to do so if an employee leaves on bad terms. Potentially not worth worrying about but it is a factor that should be aware of when someone decides to refuse to work during notice period.
     
  9. Maccapacca

    Tea

    Joined: Apr 13, 2010

    Posts: 16,851

    Location: Sunny Sussex

    Yes don’t go in....

    I think the only thing they can do is come after you for the extra cost to hire someone over and above your other half’s cost that’s all.
     
  10. Minxy

    Soldato

    Joined: Oct 18, 2002

    Posts: 5,248

    Thanks folks.

    After nearly 3 weeks of complete silence despite repeated attempts to contact the Director he eventually phoned back yesterday.

    The OH in the mean time has got another job lined up and they want him to start on the 1st July. Obviously in today’s climate jobs aren’t going to be that easy to come by so he’s told them he will take it. The new role won’t be customer facing and is a small team so contact with others will be limited.

    They’re now claiming that 10 days doesn’t give them time to organise someone to collect the van & stock. They’ve already had three weeks to do something about this. They want to leave him on furlough anyway so I can’t see why they won’t just release him and they can pick up the van whenever they like. :confused: Anyway, the director went away promising to call back with an update, as yet he hasn’t called back even with yet another call to him earlier today and a voicemail left.

    The OH doesn’t want to leave on bad terms, he’s always held an attitude of never burn your bridges but he is worried about his health and that’s his priority for now.
     
  11. ivrytwr3

    Mobster

    Joined: Aug 25, 2006

    Posts: 3,887

    I don't get why this is such a drama - notice has been served and he is finishing on x date. Do you think if this were the other way around the employer would be having this much indecision or worrying about his feelings?

    • Start the new job and get paid furlough by the old company until they stop paying.

    • Tell the new job, you are still to hand the previous jobs kit back and are awaiting a date from them for that - "sorry, old company are having issues getting someone to collect the kit due to COVID etc"

    • When old company call, book a day off, hand kit back.
    Nothing unprofessional about moving jobs.
     
  12. Kaeo

    Wise Guy

    Joined: Mar 7, 2011

    Posts: 1,355

    Location: Edinburgh

    This is my stance on it as well. People take employment way too personally. It's a business contract like any other. They would cut him off at the first sign he wasn't making them money anyway.