Can I quit?

Silverfish

My job is currently unbearable.


I have handed in my notice, due to leave in mid-may, however, that is just too far away. I had two weeks holidays to take, however I was not allowed to take these as part of my notice period.

Basically, I want to quit right now. Is there any way I can do this and not have to work out the rest of my notice period?

My manager suggested I could resign effective immediately and go there and then, however I'm not sure on that one ( he's not too well up on employment laws).

Mr Magnolia

Contact the local Human Resources Centre about your entitlements. I thought you would have been able to take your holidays as part of your notice period, certainly make sure you get paid for them.

If it is so unbearable that it's causing you mental anguish your doctor may wish to sign you off on the sick. Will you ever want a reference from this employer?

leeroybrown

Sparks400 wrote:

I thought you would have been able to take your holidays as part of your notice period, certainly make sure you get paid for them.

That is entirely at the employers discretion.

If it is so unbearable that it's causing you mental anguish your doctor may wish to sign you off on the sick. Will you ever want a reference from this employer?

I'll second this one. If you are willing to take the downsides of doing this you can cover your ass legally by getting a medical cert saying you have a stress related illness.

Eoin

Silverfish wrote:

My job is currently unbearable.


I have handed in my notice, due to leave in mid-may, however, that is just too far away. I had two weeks holidays to take, however I was not allowed to take these as part of my notice period.

Basically, I want to quit right now. Is there any way I can do this and not have to work out the rest of my notice period?

My manager suggested I could resign effective immediately and go there and then, however I'm not sure on that one ( he's not too well up on employment laws).

I worked in a company where people were leaving on a weekly basis (height of the dot com era), and HR paid them their month's notice, but asked that they leave then and there.

If it's that bad, then you could offer to leave immediately and not get paid for the notice period; I'd imagine that this can be done by agreement despite what's in your contract.

However I find it strange that your manager has suggested you leave then and there, yet you can't use up any unused leave as part of your notice period.

By the way - are you certain that you have two weeks owed to you from the time you have worked up so far this year? For instance, you are only due 6 or 7 days leave for the days worked so far up to the end of April.

damnyanks

A lot of companies will get rid of teh staff during the notice period. Only makes sense, why keep someone there that doesnt want to be.

Nothing positive can come out of it, however plenty of negatives could pop up!

LDB

You can pretty much just leave now if you want. Its unlikely that they will pay you out your notice period however.
If they aren't good employers they may try to delay getting you your P45 etc which could possible cause you a bit of hassle.

also it never looks good when someone just leaves so if you need a reference its not a good idea.

Eoin

damnyanks wrote:

A lot of companies will get rid of teh staff during the notice period. Only makes sense, why keep someone there that doesnt want to be.

Nothing positive can come out of it, however plenty of negatives could pop up!

A lot of people leave on good terms, and they may have to hand over their duties to someone else. Not everyone leaves a job because they are miserable, so they are quite happy to make their exit as easy for the company as possible.

damnyanks

I didnt mean anyone that leaves is miserable

But its useful to have a policy in place to ensure that people leaving dont take the "Well I'm not coming back so..." mentality. They might try to get business from current employer to new employer, cause others to be less productive, steal info and so on.

Place I used to work locked people out of there system before they were told they were fired. IF someone resigned that was usually their last day.

Silverfish

Hmm.

I actually feel sick to my stomach at the thought of going in, so I might go talk to HR tomorrow and see if I can quit there and then, I'm ok for money so that doesn't concern me at this stage, I'm more concerned about my mental health.

BostonB

Legally you have to work your notice in your contract.
http://www.citizensinformation.ie/categories/employment/starting-work-and-changing-job/changing-job/giving_notice/?searchterm=Notice%20period

However if you and employee come to an agreement to leave before then, you can leave. Seems daft that they'd insist you'd say. Having said that, I was once forced to work out the notice period (many weeks) in the contract when I really didn't want to. Don't see what they got out of it, the pleasure of stopping someone leaving vs the possible damage you could do. Not very smart.

DublinWriter

Silverfish wrote:

I have handed in my notice, due to leave in mid-may, however, that is just too far away. I had two weeks holidays to take, however I was not allowed to take these as part of my notice period.

You need to tell us how long you have been working for your employer, i.e. are you still on a probationary period (first six months from initially joining) or are you legally a full-time Employee under the current employment act.

Your entitlements will differ considerably depending on which of the above suituations you are in.

Silverfish

I would have been there a year at the end of May, so I am not there a full year yet.

I was given my initial contract, but after I was made permanent I was not given another one ( which I've always gotten everywhere else).
So, I actually have nothing other than a manager telling me I was permanent. Nothing in writing.

Crea

If your contract says 4 weeks notice then you should be able to argue taking your holidays. If the contract says 4 working weeks notice then you have to work your entire notice.
Sorry that you're having such a tough time. Hope you get signed out by the doc.

GoneShootin

If you've any sick days left I suggest you take them to help kill the time. When I left my job I gave 5 weeks notice on the Friday. Come Saturday I was in New York for two weeks as per my holidays agreed upon months in advance. I got some kind of airplane bug on the way back and was laid up in bed for 4 days after I got back.

So, for 5 weeks of the notice period I was at the workplace for just 2 of them.

Of course as stated, holidays are at the employers' descretion, but you do have statutory rights regarding sick days (unpaid or otherwise)

Eoin

silverfish wrote:

actually feel sick to my stomach at the thought of going in, so I might go talk to HR tomorrow and see if I can quit there and then, I'm ok for money so that doesn't concern me at this stage, I'm more concerned about my mental health.

Then just go to your GP and explain this. They may be able to give you a sick note to cover your notice period. If it is really that bad, I'd be surprised if the company doesn't just allow you both to call it quits then and there. Best of luck.