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notice period (leaving early to put an end to bullying)

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Pimpernel | 23:05 Thu 09th Jun 2011 | Jobs
5 Answers
Hello,
I am badly bullied at work. It's been going on for 3 years (since day 1), but I can't afford to leave without having a job to go to and the jobmarket isn't exactly dynamic in my sector.
I may have a new job in the pipeline.
According to my contract, I have a notice period of 1 month. What I'd like to do is not to work it, even if I lose a month's pay. I have taken a credit card especially for this.
My department is quite busy, and although my managers want me to leave, they would want time to hire someone to replace me, because I am doing 'all the crappy jobs that nobody else wants to do' (in my supervisor's own words), and my colleagues would be extremely unhappy if asked to do those chores instead of their more exciting tasks, and of course they would have to step on it to get the extra work done.
In my resignation letter, should I give the bullying as the reason why I don't want to work my notice? My supervisor (my main bully) would spend the month gloating, because she's been successful in making me leave, and I know the bullying would intensify. For the past 3 years, she's been making bets with other people that I won't turn up on Monday morning, or that I won't return from a holiday.
If I do get to leave before the end of the notice period, can I ask my new employer to start earlier than planned, or do I keep mums about it? My recruitment consultant advised me not to mention the bullying at the interview, so as far as they are concerned, I am 'happy' in my current job, I just want to climb 1 notch higher up the career ladder.
I did ask to go p/t over 1 year ago (denied), and nearly started a grievance procedure in April, but chose to focus on the jobhunting instead.
Thanks in advance.
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There's never any necessity to specify a reason for resigning. Unless you think that you'll gain something from specifying 'bullying' as a reason, it seems pointless to do so.

However while your employer is free to release you from your contract ('by mutual consent'), without you needing to work the usual one month notice period, the employer is also entitled to insist that you work for the full month. If you simply left early, the employer could demand that you repay any financial loss that the company might suffer because of you doing so (taking court action to pursue the debt if necessary). For example, if you're paid £7 per hour but the employer has to pay an agency £15 per hour to bring someone in for a fortnight (at 40 hours per week), to replace you until a new employee could be found, you'd owe the employer £8 x 40 x 2 = £640. (If you hold a senior position, and the company lost a one million pound contract through your unauthorised absence, you could be sued for one million pounds).

In practice most employers wouldn't sue an (ex-)employee for leaving early. However they would almost certain decline to give a reference (or give a lousy one). That might result in your new employer suddenly changing their mind about employing you, leaving you with no job at all.

If it's possible to speak to a senior manager (or someone in HR) who is 'distant' from your relationships with your immediate superiors, I suggest doing so. Simply say that "due to an obvious clash of personalities with the supervisor" you think that it would be best if you were to leave as quickly as possible. You might then be released from your contractual obligation to work the notice period without anyone 'in authority' actually being required to 'take sides' between you and the supervisor.

It's entirely at your new employer's discretion as to whether you could start earlier than originally planned. If t
. . . If the person you'll be taking over from is still in post, they'll almost certainly say "No" to your request. But if they're already short-staffed, they'll probably welcome your suggestion with open arms.

Chris

(I really hate it when AB cuts off the end of a post without warning!)
Do the right thing and leave with dignity.
Have to say i agree. you can go in smug everyday, knowing that you wont have to wok there for much longer. While it might be satisfying at the moment to just leave, no-one can see into the future. You could regret breaking your contract for all sorts of reasons.
Question Author
Thanks for your answers.
Guess what happened today? Since March, we had had a guy from another department on secondment here. He had been with the company for about 10 years.
My supervisor didn't bully him like she did me (he was setting up a new project and training her in the procedures) but she did complain to our manager about his work (quality, speed etc.), behind his back, as she does for me and other people. She waits till you're on lunchbreak, or have gone to the postroom, or even the printer! If you make a point of starting work before her and finishing work after her, and not taking lunchbreak, as I did during my first year, she calls our manager at home outside work hours. They also meet 'socially', i.e. have drinks at the pub or even dinner at each other's home, which helps. Besides criticising this guy's work, she also criticised his training: every time she made a mistake while doing the tasks he had trained her to do, she would blame him.
This morning, our managers (or HR, I don't know exactly) received a letter or an email from him saying he was resigning 'with immediate effect', and did not want to do his notice. He didn't even turn up.
Now they're furious and they've sent 'the team' an email saying they were very surprised that he had decided to leave and that as a result we would be expected to show some 'flexibility' (i.e. more unpaid overtime) and would not be allowed to take more leaves.
I hope I get that new job... The only thing that helped me pull through until the summer are the bank holidays... Every day, I count the hours and even the minutes until the end of the day, the end of the week etc.
The new job I have in the pipeline is a brand new role, and they're very busy, so they shouldn't mind me starting earlier than planned. I do expect my managers to give me a lousy reference anyway: I'm not British and they've told me over and over and over again that they did not see me remaining in this country a

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