Bullying During Notice Period – Employee Rights & How to Deal With It

Notice periods can be a stressful time for employees whether they’ve found a new job or are being sacked. Both situations have the potential to create an awkward work environment, particularly if there is bullying during the notice period.

Finding yourself in this position can be mentally draining and can even lead to poor mental health. No one should feel bullied or victimised in the workplace and employees have the right to a safe and professional environment.

Sadly, polls such as that carried out in 2020 by SME Loans Survey UK indicate just how frequently bullying has become an issue in the workforce.

Their results showed almost 1 in 4 UK employees have experienced bullying at work. Another 1 in 4 had experienced feeling left out. It is far from a small problem.

In this guide, we look at how to approach bullying that may be taking place, and we share some coping strategies to get you through your notice period.


Being Bullied After Resigning

It’s important to know that even once you have handed in your resignation, you still have rights. These rights are the same as before and they carry on protecting employees until they physically leave the job.

Bullying is an extremely vast subject and can portray itself in an abundance of ways in a work environment. It can include traits such as aggression, intimidation, offensive behaviour and even threatening behaviour.

Sometimes, emotions are heightened during those last few weeks with the company.  It may be that some actions are misconstrued and can be rationalised with a little perspective. However, this isn’t always the case and unfortunately, bullying does occur.


What to Do if You’re Being Bullied

You are still covered by your contract and employment laws during your notice period. This means you can take proactive steps during this time if you are being bullied, harassed or intimidated.

All employers should have a Bullying Policy for their staff to read and keep. Should you not have seen one, then ask HR to have a copy emailed to you.

Sometimes it can be as simple as having a conversation with the person in question. They may not realise the effect it has been having on you. You can also opt to send an email to your boss outlining the situation and how it is making you feel. Your employer has a legal duty to respond and take the appropriate steps to contain the bullying.


Raise a Grievance

Should you find yourself the victim of bullying during your notice period then you have every right to raise a grievance.

All employment rights remain in place for the duration of the notice period. This means you have access to all the usual resources such as making a complaint, going to a tribunal, and getting the support you need.

Of course, you may be a little limited in sense of the time frame you have but sometimes raising the initial grievance is enough to nip the issue in the bud. This can stop the problem from escalating and will allow you to get through those last few weeks.

To raise a grievance, check your employer’s policies and follow the steps outlined. Be as detailed as you can in your letter or email, including dates and events that have taken place.


Try to Ignore It

You may not feel it is worth making a fuss at this late stage and decide to ride out the last few weeks. Should you feel able to do this then go for it, especially if the problem is fairly low-key and not a huge deal.

Sometimes rising above the negativity and cracking on will be enough to make the person stop in their tracks.  Keeping in mind the end goal will sometimes be enough to get you through those tricky final days.

This isn’t to say bullying should be ignored though and will depend entirely on the situation. Sometimes, what seems like bullying can just be petty playground games and it is best to rise above it. In other situations, bullying can have a detrimental effect on the victim and should never be swept under the carpet.

You may be short of time to act but it might prevent it from happening to someone else.


Call in Sick

There is always the option of calling in sick during your notice period if the bullying gets too much and you feel unable to cope.

You can self-certify for the first 7 days and in many cases, this may take you to the end of your contract. If you have more than 7 days left then you can get a sick note from the Dr which will see you through to the end of your notice period.

Our guides on How to call in sick and Good excuses to get out of work will help with information on your legal rights, plus some inspiration in terms of what to say.

You are still entitled to sick pay while you are off ill whether this is contractual or Statutory Sick Pay. Bullying can take its toll on a person’s well-being and your Dr may decide you should have the time off.


Ask to Take Holidays

Employees have the right to their accrued annual leave before they leave so you are within your rights to ask to take holidays.

Unfortunately, employers can deny the request if there isn’t enough staff to cover your holidays. In this scenario. your accrued holidays will be added to your final paycheck.

It’s always worth an ask though, some holiday days may get you through those last days of your current job.


Don’t Walk Out

However bad it gets, try and avoid the temptation to simply walk out.

This looks unprofessional and you may need a reference one day from your current employer. Similarly, if you decide to go down the sick route, then be sure to call in sick, following company procedures. When there is a confrontation in the workplace, go and speak to your manager.

Explain you are upset and need some time out or the rest of the day off. By sticking within the realms of professionalism, you are seeing the bigger picture and being the bigger person. If you don’t feel up to letting your manager know the confrontation has got to you, consider saying you have an upset tummy or a migraine and need to leave.


Bullying Scenarios In The Workplace

Sadly, bullying isn’t all that uncommon in the workplace and it is important to know it isn’t acceptable either.

 If you’re unsure if you’re being bullied, unacceptable behaviour can include:-

  • Aggressive behaviour.
  • Verbal or physical abuse.
  • Intimidation.
  • Threats.
  • Micromanaging creates a controlling atmosphere.
  • Discrimination.
  • Harassment.
  • Given unreasonable deadlines.
  • Increased workload which is unmanageable.
  • Behaviour making you feel depressed, stressed or anxious.

Situations That May Not Be Bullying

When we are in the notice period, tensions can be, understandably, high. This may sometimes mean we lose our sense of perspective as the employer prepares for a worker leaving.

Below are some examples of fairly normal steps employers may take during your notice period. You shouldn’t feel victimised or bullied and these are all steps employers can resort to if they feel it’s necessary.


Gardening Leave

Gardening leave is a term ascribed to being asked to stay at home, but on call, during your notice period.

This is entirely legal and is relatively normal in any industry where confidential information is handled. It may also be used if projects are going to last longer than the notice period, therefore it makes more sense to put another individual on it.

This won’t be held up as a bullying tactic due to the fact it is entirely legal and done at the employer’s discretion.


Being Kept Off Projects

Again, it is important not to read too much into being kept off the more significant projects during your notice period.

Your employer will be keen to put the long-term staff on such jobs so that the continuity is there.  They may also need to train up a new staff member who is taking your place so they move them onto new projects.


Lack Of Usual Communication

Your boss may not take your resignation well and may respond by becoming non-communicative with you.

Take this as on the chin as you can unless it is affecting your ability to perform your job role. Sometimes employers are very matter-of-fact about staff leaving and simply set their sights on the next employee that takes over.

This might leave you feeling a little uncomfortable but you will be best riding this one out.  Even work colleagues might feel a little resentment initially but they will soon come around.


Changes To Bonus Scheme

Once you resign, employers can stop any bonuses from this point. This may be laid out in your contract.

As long as you are still paid your normal wage then this is legal unless it is not stipulated within your contract of employment. If you have flexibility regarding when you’ll hand in your notice, it might be worth making sure it won’t affect any upcoming bonus payments.


Coping Strategies For The Notice Period

It can seem pretty daunting handing in your notice and then having to work those weeks knowing people are potentially hacked off about it.

It’s important to keep perspective though, in the long run these few weeks are nothing and will pass by quickly enough. Even if you are feeling bullied during your notice period you can rise above it by:-

  • Keeping professionalism with you at all times.
  • When sidelined from projects, make yourself available elsewhere.
  • Offer to shadow any new staff, helping them to learn the role.
  • Try to turn the other cheek on any small and petty behaviour.
  • Know your rights, including holiday and sick pay in the notice period.
  • If something makes you uncomfortable then speak to someone about it.
  • You’ve got this, it’s a bad day, not a bad life.

Finally

If you are being bullied during your notice period, it may be a strategy to get you to leave early. Unfortunately, some managers do have a toxic style in the workplace. Do not rise to the bait and allow them to disadvantage you.

Never walk out in the heat of the moment, and if your personal stress is unbearable – your GP will understand and can sign you off work with stress.

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