Changing jobs, but current employer being difficult

Clockwork Owl

Hi everyone,

So I recently interviewed for an exciting new job and received a call late on January 6th, asking me to start on January 21st. I handed in my two-week notice first thing the next morning (January 7th), requesting that I be given permission to terminate my employment to meet this start date. I have been in my current position for just over two years, and work four days a week.

However, my area manager is being quite difficult. She is demanding that, because I will be finished with the company mid-week, I must work an additional two days between now and the 21st to 'fulfil my contract' for that entire week. That means that I will be working constantly from Wednesday 14th - Tuesday 20th January, and then barrelling straight into five consecutive days of training in my new role.

Thing is, I don't believe I have a signed contract tying me to 30 hours a week. I received a copy of my employment contract a while back, stating that an audit had flagged up that certain employees don't have an up-to-date contract in their files. I've been very busy since then and honestly, I forgot all about it. I strongly suspect that their latest signed contract only ties me to 15 hours (two days) per week.

I really don't want to burn bridges with my current employer or put them in a difficult position, but this has upset me. I have always been a very flexible employee, happy to change shifts at the last minute or take on extra hours to help the company. It's very frustrating to me that, given a really promising opportunity to further myself, my current employer is being less than supportive.

So, my questions are:

If my period of notice has me leaving the company mid-week, am I legally obliged to work the full number of contracted hours for the whole week? Even if that means working additional days in the previous week?

Is it worth requesting a copy of my latest signed contract? And, if this contract only ties me to working 15 hours, can I legally stand by that agreement?

Thanks in advance for the help!

davo10

If you regularly work more hours, this can be seen as having been accepted. Consider it in reverse, if you were not changing jobs and had been working/ being paid for 40 hours per week for two years and your employer suddenly said "I've just noticed your contract says only 30 hours so that's all you are working from now on" , would you be annoyed?

What you do depends on what terms you wish to leave on, good or bad.

OP, you interviewed one day and submitted your resignation the next morning, it is strange that your new employer is asking you to start in exactly 2 weeks, usually companies are sensitive to the fact that your existing employer may deserve the courtesy of a reasonable notice period. And did you receive a written job offer/contract the day of the interview? I'd want to see that before burning my bridges with my current employer.

Clockwork Owl

The new company did offer an alternative start date of February 2nd if I needed more time (they hire and train fairly large groups at the same time, thus the specific start dates) but, if I'm honest, I really want out of my current position. There have been some issues for about four months with poor treatment: being unfairly singled out by the area manager, having a strained relationship with my manager and being treated like a disruptive influence for asking basic queries about policies that affect my work on a day-to-day basis. I started to really dread going into work, which is why I'm so excited to have a new opportunity that is better suited to me.

I haven't received a written job offer yet, so I definitely see what you mean with regard to burning bridges. My partner and some of my friends basically said, "Walk out and don't look back" but, despite my difficulties there, I'd really prefer to leave on decent terms.

Stheno

Have you given your notice without a new contract?

davo10

OP, unless you have something down on paper from new job about pay/hours/job description/start date/probation etc, be careful about "walking out and not looking back" if this new job does not work out, having a good reference from your current employer may be of benefit to you next time around.

Clockwork Owl

Yes. The new position starts as a temporary one on a week-to-week basis. My partner knows a number of people who have been working in the same business for years (some having started on temp contracts, and then being made permanent), so it's all above board and they are legitimately looking to hire promising staff on a permanent basis.

I'm very aware that it's a risk, and a scary one at that! However, we're financially stable enough that, even if this doesn't work out, we have enough saved to give us breathing room until I find something else.

Edit: Just to clarify, I work for a concession within a larger shop. My area manager represents the concession. The floor manager is on a similar level hierarchy-wise and has said that two weeks' notice is plenty. She has been incredibly supportive and has already agreed to provide a glowing reference for me for this new position, even offering her personal mobile number to do so. In comparison, I don't see why my area manager is insisting on making the transition so difficult!

Stheno

Maybe they have to get staff now to fill the days you would have been working the next week and are swapping around rosters to do so?

Clockwork Owl

This is a very quiet period of the year, and my workplace has managed in the past with even less staffing than my absence would cause. I have also offered to put them in touch with someone who has experience in the business and would practically devour the chance to take my job, but none of this seems to have been taken into account.

I hope I don't sound difficult. I can't stress enough that, in comparison to my colleagues, I have always been happy to take on extra hours when needed. I've happily switched shifts to make life easier for my colleagues and have rarely, if ever, asked the same in return. I've changed shifts with literally half an hour's notice (from bed to shower to work) to try and help the business. That's why this is kind of getting me down - I feel like I've always been very easy-going, yet I was treated poorly for months and, when I try to leave for a better opportunity, it's like my area manager is making it as difficult as possible.

Stheno

I'd just do it to be honest, why have two weeks of even worse atmosphere/relations when you can easily avoid it?

Or extend your notice so you start the new job February and just work the four days per week in the meantime

davo10

Sorry OP, but once you handed in your notice, you are already "gone", from now on your employer is concerned only about how you leaving effects the business/roster. These two weeks are the important ones for your reference, what has gone before will be forgotten if your manager feels you left her in the lurch. It's sh**y but that is the way it usually goes. If you don't need the reference, just walk, life is too short.

I'm glad you are laid back about the new job, to me it sounds fraught with risk.

Clockwork Owl

Thanks very much for the advice, both of you. That was my automatic reaction - just to grin and bear it - but my partner was practically apoplectic and several of my friends said that forcing me to make up the hours in a previous week was illegal / spiteful / bullying. Thus, the post here - I wanted to know if it's common practice, or if my area manager is being unreasonable. This is actually the first time that I've ever actively searched for a job while working in another job - previously, I've always stuck with a company until circumstances have forced me elsewhere - so this is a very new situation for me!

And trust me, I'll take 'fraught with risk' over my current work atmosphere any day of the week. I'd rather be a bit more frugal with my budget for a month or two than take another week of feeling constantly devalued, criticised and treated like a trouble-maker. That's actually why I requested a reference from my floor manager rather than my area manager; the latter works with me on a day-to-day basis and had so many positive things to say, whereas the former sees me maybe once every two months and I don't feel like I can say a thing right in her presence.

davo10

Clockwork Owl wrote: »

Thanks very much for the advice, both of you. That was my automatic reaction - just to grin and bear it - but my partner was practically apoplectic and several of my friends said that forcing me to make up the hours in a previous week was illegal / spiteful / bullying. Thus, the post here - I wanted to know if it's common practice, or if my area manager is being unreasonable. This is actually the first time that I've ever actively searched for a job while working in another job - previously, I've always stuck with a company until circumstances have forced me elsewhere - so this is a very new situation for me!

And trust me, I'll take 'fraught with risk' over my current work atmosphere any day of the week. I'd rather be a bit more frugal with my budget for a month or two than take another week of feeling constantly devalued, criticised and treated like a trouble-maker. That's actually why I requested a reference from my floor manager rather than my area manager; the latter works with me on a day-to-day basis and had so many positive things to say, whereas the former sees me maybe once every two months and I don't feel like I can say a thing right in her presence.

OP your employer insisting you work your notice is not illegal, spitefull not bullying. If your normal hours are those which you are being asked to work then they have every right to ask you to do so. If they are asking you to work more then what your normal week consists of then you can tell them to take a hike.

Again this all comes down to the terms on which you wish to leave, good or bad. If you are not bothered, then walk.

Clockwork Owl

davo10 wrote: »

If your normal hours are those which you are being asked to work then they have every right to ask you to do so. If they are asking you to work more then what your normal week consists of then you can tell them to take a hike.

Actually, can I ask for a tiny bit more clarification there, please? Last question, I promise!

In this situation, I am in an implicit contract to work 30 hours a week - 4 x 7.5 hour shifts. In the full week of the 11th - 17th, I was rostered to work the full four days, which was fine. In the partial week of 18th - 20th, it is obviously impossible to work four days. The initial rota had me working only 15 hours, across two days. My employer is therefore saying that I must work an additional day in that week AND an additional day in the previous week to make up that time. Does that come under 'every right to do so' or 'take a hike'?

Thanks again!

davo10

Clockwork Owl wrote: »

Actually, can I ask for a tiny bit more clarification there, please? Last question, I promise!

In this situation, I am in an implicit contract to work 30 hours a week - 4 x 7.5 hour shifts. In the full week of the 11th - 17th, I was rostered to work the full four days, which was fine. In the partial week of 18th - 20th, it is obviously impossible to work four days. The initial rota had me working only 15 hours, across two days. My employer is therefore saying that I must work an additional day in that week AND an additional day in the previous week to make up that time. Does that come under 'every right to do so' or 'take a hike'?

Thanks again!

Every right to do so, two weeks notice means you are giving the equivalent of the hours you would normally work in two weeks. For instance if you normally work on Thursday and Friday, two weeks notice would be two weeks of Thursdays and Fridays.

Clockwork Owl

OK dokey. Thanks very much for the advice, both of you!