Workplace notice period issue

Y

ytrewq

Guest
Hi all, just asking for some advice for my gf, she has been working several months for a large american bank and is under sever stress to the point of being physically sick and crying and dreading going into work.

The Hours are crazy and the team is very under resourced and has been for some time with no resolution to help the situation.

She has started looking for new jobs however, she is required to complete two months notice to leave, which makes getting a new job very difficult.
Would it be possible for her to leave on medical grounds/stress to enable getting another job as she cannot really take any more?

Issues is as she has signed a contract requiring two months notice, can they do anything legally if she terminates her contract through medical grounds.

P.S if they do sue, we don't have any money :(

Many thanks for any helpful replies!!!
 
The notice period is unusual at two months, I think it is easier to get a job whilst in a job, to be on sick leave and applying for new positions is something a future employer could establish at some point and would be unimpressed, wheels within wheels, small country etc.

If your GF is stressed out she needs firstly to talk to her line Manager and have that conversation, it could provide some relief.

Unless she is critical to operations they will not hold her to the notice period if the situation is as advanced as you say.
 
Palerider said:
The notice period is unusual at two months...
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leroy67 said:
why two months notice? what kind of contract is she on?
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Two, three and six months is common for international banks, 2 months is usually for someone that they see with a long term future at the bank, often called AO, 3 months is VPs or ADs and 6 months is SVP or DIs, beyond that it is usually 12 months!
 
She is permanent, however, only been there for 8 motnhs now. If she left the bank completely and terminated the contract on sick grounds would she be liable, as I don't think they would agree to shortening the notice period.
 
ytrewq said:
Hi all, just asking for some advice for my gf, she has been working several months for a large american bank and is under sever stress to the point of being physically sick and crying and dreading going into work.
The Hours are crazy and the team is very under resourced and has been for some time with no resolution to help the situation.
She has started looking for new jobs however, she is required to complete two months notice to leave, which makes getting a new job very difficult.
Would it be possible for her to leave on medical grounds/stress to enable getting another job as she cannot really take anymore.
Issues is as she has signed a contract requiring two months notice, can they do anything legally if she terminates her contract through medical grounds. P.S if they do sue, we don't have any money :(
Many thanks for any helpful replies!!!
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I've very sorry to hear about what your girlfriend is going through, working for big banks, especially American ones is very stressful right now and I expect will be for several years to come :(

Your girlfriend should start by having a conversation with her team lead and see what he says. In any case they are not going to sue, because it is just not done, the most that will happen is that they require her to work out the full notice period...

She should also consult a doctor and look after her health because that is more important than anything else. If he supports it then she should go ahead and resign stating that she is doing so on the advice of her doctor and enclosing a letter from him is possible. In such circumstances gardening leave is more likely than anything else - especially with the Americans, cause they are always afraid of a law suit ;)
 
Thanks for the reply, it is food for thought alright.
I will advise her to raise the stress issue with the line managers and see what they say, following that a visit to the doctor may be required.

Thanks for all the replies guys!!!!
 
anxiety in the workplace.

ytrewq said:
Thanks for the reply, it is food for thought alright.
I will advise her to raise the stress issue with the line managers and see what they say, following that a visit to the doctor may be required.

Thanks for all the replies guys!!!!
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I would be careful talking to a line manager about stress being an issue unless you know they are supportive. It depends on the relationship you have with them.
You could be labelled by a manager who has little time or respect for anyone in your current situation.
They are also no qualified to look at the various medical/moral/legal issues.
Go through HR if necessary and don't share the full diagnosis if you don't have to.




Good luck...
 
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Many of the bigger organisations, and especially American ones offer some form of confidential employee assistance program, usually through the health insurance provider. If such a service is offered in your girlfriend's place, it would be worth engaging with if she is affected so badly. They will be able to put her in touch with a specialist counellor who could be of great help to her.
 
I think know who she works for for they would probably not come after her.

What you need to do is show that there is a breach of mutual trust given that they expect them to work in an unhealthy environment. Ask her to review her time sheets if she has worked over 48 hours consistently the employer is in breach of working time directive and organisation of working time act.

If she has ever raised the stress and it has persisted and they did nothing she has grounds to terminate the contract with immediate effect

The employer has a duty of care to their empolyees health and if it is who I think it is your situation is one of many in the company which is why they would not ever dare go to court as it would reflect very badly on them

You could also say that the contract is frustrated due to her sickness and she could unilaterally revoke it.
 
If your Girlfriend feels it would help on the stress front, and has what she feels is a sympathetic manager she should speak to this person. If there is a confidential counselling service then she should use this aswell. It might help. In the meantime, she should be applying for other jobs, and if she gets an offer she wants to accept, she should do so. If the new company insists on her starting before two months are up, then she should just give notice to her current employer, stating the date she needs to leave on. I wouldn't worry about being sued for leaving within the two month period. This won't happen.
The most important thing in this is to stop worrying about the 2 month notice thing. She is adding to her stress by worrying about things that won't happen, like being sued etc. I hope it works out for her.
 
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