# Resigning from my job



## lou-lou1981 (Oct 20, 2009)

I have finally decided to resign from my job and plan to hand in my notice at the end of this week. I am very worried about the reaction from my boss (he is an idiot most of the time) I plan to give 5 weeks notice and would like to finish at the end of June. My question is, can my boss tell me to leave straight away or at the end of May? And if he did force me to leave earlier, would he have to pay me for June? Any advice would be great, thank you.


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## Just a girl (Mar 6, 2008)

What does it say in your contract? Mine states how much notice I have to give.  If he is a real idiot and you suspect he might ask you to finish earlier then maybe give less notice? I'm fairly sure if your contract states 1month for example and he asks you to go earlier then he should pay you until the end of your notice period but could be wrong. There is a work isues board that you can request access for.  Good luck!


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## lou-lou1981 (Oct 20, 2009)

My contract states I need to give 5 weeks notice, which I am happy to do, but my boss is so unpredictable and is just as likely to say go now then!!!! I don't have another job to go too but I am just about to start IVF after 3 failed IUI's last year. My employer is not supportive ( he feels anyone who can't have children the "normal way" shouldn't have children!) so I want to be away from him and the job so I can focus on the IVF and look after myself. I wondered if he would have to pay me if he sacks me anyway, guess I will have to see what he says at the end of the week- gulp!


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## Just a girl (Mar 6, 2008)

He sounds like a really nice enlightened individual!

Oh don't leave it to chance as he may just try not to pay you even though you are legally entitled to it. I've just found you a link regarding contracts from the direct.gov website, I don't think it answers the question but near the bottom of the page are useful links, so try contacting someone to find out for definite. Five weeks money is a lot to loose and just think you'll need it to buy baby goodies once you've got your BFP! Best fo luck for your upcoming tx   

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037109

/links


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## lollipops (Oct 17, 2009)

Hi,

Just wanted to say I have handed my notice in too! I'll be starting my 3rd tx next week. Work has been supportive of my previous tx's but I got the distinct impression I was pushing my luck by starting more tx this year! Not only that but I work with children and was finding it very emotionally draining and was getting very depressed. So I took the plunge and handed my notice in , I have to work 4 weeks notice. I leave on 3rd June.
I too have no job and am worried about the money side of things , but feel like this huge weight has been lifted off my shoulders. I know I can look after myself now and I've allowed for two attempts this year. So I'm hoping this stress free lifestyle will mean I get a bfp.
I hope its the same for you too! 
Just wanted to let you know your not alone!


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## lou-lou1981 (Oct 20, 2009)

Thank you both for your replies, and it is nice to know I am not alone! 

Having made the decision to leave, and I have written my resignation letter tonight, I do already feel as though a huge weight has been lifted.....But I am dreading actually handing my notice in- my boss is totally unpredictable and it is his reaction that worries me. His mum works with us and I know when they get together they can be awful.  

Luckily I have a very supportive husband, he wanted me to leave in November but I have lasted this long and managed to get some money saved up to help tied us over.

Lollipops, like you, I hope the stress free lifestyle leads to a BFP really soon   good luck honey xx

Just a Girl, many thanks for your links, I think I will try phoning the CAB 

Be thinking of me Saturday and if you hear fireworks on the south coast, it is me exploding with anger!


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## ekitten1 (Dec 18, 2009)

Hi Lou Lou - As an employer, he is legally bound by the terms of your contract. If the contract says 5 weeks notice, then 5 weeks it has to be. If he wants you to go sooner, he would have to be prepared to pay you for them regardless.
There are occasions where I have had to let staff go and have had to dismiss immediately, such as if they have been stealing from the business and we can not trust them to continue working, in these cases, we have had to pay them for the notice period.


Employment Law gives much more protection to the employee than it does the employer. Please don't let him push you around and if he tries to force you to leave, remind him of the contract. If things are uncomfortable, you could go on the sick and get a doctors note for work related stress (which it would be) and advise your boss that if he fails to pay you for your notice period and any accrued holiday entitlement (you will be due any holidays which you have not yet taken) he will be receiving tribunal papers! forcing an employee to leave is called 'constructive dismissal'....in a tribunal hearing it carries the same weight as unfair dismissal. you shouldn't have to go down that route though, just mentioning this should be enough to shut him up!! 


Also, if he has been awkward with you or treat you unfairly because he is aware of any fertility treatment you may be having, this is sex discrimination and he would be a silly man to risk the massive penalties that this carries.


Good luck and hope that it's not as bad as you were expecting xx


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## ekitten1 (Dec 18, 2009)

Lou-Lou - I have just read your 2nd post. I can't believe that he has said that to you. Are you leaving due to his treatment of you? If so, then what he has done/said is very illegal.
When you hand your notice in, you could put in a grievance, he would have to address the issues in your grievance letter and it could be used against him if you did take this further.


I deal with employment law every single day and if you need any advice then please pm me. 


I am surprised by his stupidity...the payment awards in cases of sex discrimination can run into tens of thousands, there is no ceiling on compensation for discrimination.


Hope that I don't come across as angry? i just hate to see people pushed around. Infertility is hard enough without morons like that xxx


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## lou-lou1981 (Oct 20, 2009)

Many thanks for your posts and the information ekitten1

They didn't come across angry at all   in fact I totally agree with you that he is a moron! 

He does not know that I have been receiving any kind of fertility treatment, he made his views clear about IVF etc very early on ( I have been working there for over 5 years) so I have never felt comfortable enough saying what I have been through. It was really tough going trying to work round 3 goes at IUI and not say anything at work but I knew how I would be judged if I did say anything and that would have made it even worse when the treatment wasn't successful. 

I plan to hand in my notice on Saturday as that's a quiet day at work and I'll actually be giving him slightly more than 5 weeks notice........I just want to get on with it now and to know what the outcome/ his reaction will be. 

Not sure he would be too happy about paying me for the 5 weeks if he did make me go early   but that's my preferred option to be honest!!! Especially as we were notified today that funding has been approved by the PCT so I can't wait to be out of there and concentrating on the treatment.

Thank you so much for your help and advice, it was very much appreciated and I shall let you know how I get on!

xx


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## ekitten1 (Dec 18, 2009)

Hi Lou-lou
Glad to hear you feel a bit better and great news about the funding   .


You do what's right for you, if leaving relieves your stress and gives you the opportunity to focus on getting pregnant, then it's got to be a good thing.


Just bear in mind that the changes to the Equality act which came into force in October 2010, mean that an employer doesn't have to directly say something to you to be guilty of discrimination.


Don't get me wrong, I am not anti-employer...I actually deal with all the hiring and firing at work anyhow so know that more often than not, employment law is actually unfair on the employer! However, i do feel very strongly about discrimination. As an employer you have to be very careful what gets said in the workplace these days. For example, if an employer or employee cracks a joke say for eg about a disabled person and someone who wasn't part of that conversation over hears it and is offended, they can actually take you to a tribunal for discrimination....the world has gone mad!! But it also means that people do not need to be subjected to the strong views and opinions of others if it makes them feel uncomfortable.


I was very worried about telling my employer about my tx and worried I would be made 'redundant'.....luckily he took it really well and was very supportive   , he's not usually like that! But believe me, it would be a stupid move   .


I really hope that you don't need any of this information and that he keeps off your back, good luck with everything and especially with your tx.....do you have a start date yet? I am having another go at the end of June once AF arrives, will be on short protocol so by the end of July, I should hopefully     be pregnant.......boy, I really hope!


Take care xxx


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## lou-lou1981 (Oct 20, 2009)

Evening ekitten1

After reading your posts and spening the evening with my parents, I have decided to hand notice in tomorrow! As my Dad says, why waste a perfectly good weekend worrying about them-just do it! So armed with the knowledge and facts from you (thank you) and full of encouraging words from Mum, I think I am ready for them!

This probably all sounds a bit silly and pathetic to lots of people but my working life has been pretty crap for a year and it finally feels as though I am closing the chapter and will be able to move on.

So by this time tomorrow I will know if he is the complete moron I think he is    

We don't have a start date yet, hoping to get a phone call from the nurse next week with a time to go in for a chat, collect prescriptions etc. It's same place and people who did my IUI's so I feel pretty comfortable with them now.

How did you find working and going through treatment? Sounds as though your job has the potential to be pretty stressful. 

Hoping that your next tx is successful


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## coweyes (Sep 4, 2008)

lou-lou

Be rest ashored you do not sound pathetic.  I stepped down from my position at work cos basically i could not cope with it while doing ivf.  I was the deputy manager of a care home, but i was failing at it as well as struggling big time to cope with all the pressures in my life.  I am now a care worker in the same home, but with none of the responsibility, i tell you its wanderful.  I even work part time now instead of 40 hours + sleep ins   .  I feel my life is a lot more ballanced, which in turn has helped me cope with the constant worry of infertility.

I say good for you   . xx


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## lou-lou1981 (Oct 20, 2009)

Well, I handed in my notice and it was taken remarkably well!!! He even said he thought I was pregnant when I said I had something to say (if only!!!!!) I don't think the matter is over though, he made some sly comments and I am waiting to see how Monday goes- after they have had a weekend to talk about me  

HOWEVER, I do feel as though a massive weight has already been lifted from my shoulders.

Would just like to say a huge thank you to everyone who commented/posted. Your kind words, advice and support was hugely appreciated.

XXX


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## coweyes (Sep 4, 2008)

O brill good for u. don't worry about what Monday brings, there is light at the end of the tunnel. Think and remain positive and feel lucky that ur able to get out of that situation. I would get a callender and Mark the days off till I leave. X x


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## lollipops (Oct 17, 2009)

Lou-lou - so glad you have done it! And pleased you feel confident and happy , and I too felt like a huge weight had been lifted off my shoulders! Well done you!


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## Just a girl (Mar 6, 2008)

Thats great news.
Ignore any comments if they are forthcoming, your on countdown now and every time you have to deal with him you can just have a little a moment to yourself and think 'only ..... days left and I'm outta here'.   
Take care x


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## lou-lou1981 (Oct 20, 2009)

Evening ladies........I should have known boss-man was taking me leaving too calmly and like a normal civilised human being!
Today I asked when would be convenient for me to take the 3 days annual leave I am owed ( holiday year runs from Jan to Dec and I am allocated 20 days- I thought end of June being halfvway through the year would be half my allowance, 10 days) you would have thought I asked him to chop his legs off!!! 
He started off by saying the holiday year ran from April- April, err news to me mate I said, I have been here 5 years and that's never been the case......he was instant but this is just a blatant lie. My contract states "per annum" which to me means Jan- Dec?? Anyway, it's the way it has been for 5 blooming years! 
So feeling as though he was loosing, he started saying how unfair I was being, unreasonable, selfish etc for leaving and the 6 weeks notice I gave ( contract only required 5weeks) was "nothing" 
And then, the 2 days sick I had this year, I shouldn't have been paid for- err you paid me, I didn't ask to be paid.
He has left me feeling very hurt, angry and upset......I have done above and beyond my job for the last 5 years and now I feel as though the lot was for nothing. Unfortunately I still have 4 weeks to go and I just don't want to be there. 
Only I don't know what to do but accept his decision ( I don't think anyone in his life has ever stood up to him) I work with just him and his mum so it's really awkward. I know he hasn't told her the conversation we had, so that's how I know he knows he is in the wrong. 
He has been nice as pie all day and I want to do is wipe the smirk off his face  
Anyway, rant over..... Thanks for listening  xx


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## ekitten1 (Dec 18, 2009)

Sorry to hear things turned a bit crappy at work   . You will be out of there before long. If I were you I would put your request to take your holiday entitlement in writing and keep a copy. He cannot lawfully withhold your holiday entitlement, its your legal entitlement. can I please ask how many hours you work? If you are full time the statutory MINIMUM is 28 days per year.


If he doesn't let you take your holidays remaining, he would have to pay you the days owed in your final pay. If he doesn't, have a little trip to Citizens Advice Bureau who will advise you how to deal with this. Basically, a rep from ACAS can contact him and remind him of his statutory obligations as an employer....he doesn't have a leg to stand on, he would have to cough up.


Don't give the smarmy git anything that you are owed....remember, you worked hard for it!! Even if it's only enough for a nice meal out for you and your DP, its YOURS.


Give me a shout if you need any advice xx


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