Should I quit?

A question about : Should I quit?

I'd appreciate some help with a problem I'm having.

I recently started a new job. I am disabled (suffer with CFS/ME) and made it quite clear I had it when I was interviewed. The post was for 30 hours a week. I'd been given other offers but sales assistant seemed to be the most convenient in terms of travel times and matching my previous experiences.

I'm a month in and considering quitting. I have not yet worked a 30 hour week and have been told I probably never will - the business will always need me to work loads. This I wouldn't mind so much,but they haven't altered my contract to give me additional days off that would be my due for working 39 hours a week plus. (a loss of about 10 paid holiday days a year I think I calculated?)

I've been misled on some of the targets - I was told we need to hit a target for certain sales, but I only qualify for the bonus if one of my other stats is at a certain level. Hmmm.

In the month I've been there, I've had 3 days off cancelled for illness, and 1 holiday day, both my managers have been sick for a week at a time, meaning I have to work more. I've had to have strongly worded arguments about how I could not work 7 days in a row (55 hours of work) without a break without making myself very ill. I was emotionally blackmailed and told that 'we all get tired sometimes' and we needed to work as a team to overcome this. March's shifts are looking distinctly against me as well.

So. What do I do? I'm looking at other jobs but my notice period is a month. Do I quit? Can I get in trouble for quitting?

Best answers:

• If your contract states you work for 30 hours then any overtime is your choice.
  Say 'no thanks' or even discuss this with your manager and state you don't want to work these.
  Likewise days off pre booked (i.e. holidays) cannot be simply 'cancelled' for the reason of other staff availability -you can be asked to work/cover but you cannot be forced.
  You can't get into trouble for resigning, sometimes jobs just don't suit either employee or employer, an employer cannot refuse a resignation.
• They obviously don't understand your condition, general tiredness is absolutely nothing like the fatigue suffered by someone with CFS/ME. It may help to provide your employer with a print out of your condition and have a meeting with your line manager to explain your limitations, they can't sack you because of it but they should make reasonable adjustments.
• I wasn't very clear - by quit I mean literally 'I quit' and never showing up again, rather than resigning and honouring their month of notice. I'd obviously hand my keys and id back!
  I feel like a sap, I was told that 'business needs' (as stipulated in my contract) covered my extra weekly hours - I don't mind working a bit of extra but it is now the expectation that I must work 40 hours a week, which is not why I took the job. When I indicate I would like less, hell breaks lose. I was late by a minute once and they were very quick to roll out the 'your contract states...' to me. I will respond next time with 'my contract also states 30 hours a week and yet...'
  With regards to holiday, their argument has been that because it wasn't officially approved on their software it doesn't count. The other days are days off I'd normally have, and I've been told in no uncertain terms that I HAVE to cover.
  Talking over my illness might work a little - time to dig out my paperwork. I might get a GPs note too.
• It's breach of contract to simply walk out, however apart from the obvious lack of being able to use them as a reference, there's not too much else negative really.
  They do have to pay outstanding leave accrued and any pay owing up to the moment you quit, however it's probably best to hand in your notice and make it clear you'd like to leave immediately.
  They will probably decide what's best for the company is to not have you work your notice -after all for a lot of staff that could min minimum effort, refusal of any extra duties etc etc.
• Where I work people who work more than their hours, and most do every week, don't get an additional holiday entitlement. They get either the extra pay or time off in lieu.
  However I think you need to ask them to tell you exactly what you are expected to work and insist on a contract change if the hours suit you, or look for alternative work if they don't.
  You don't mention if you would ordinarily enjoy the role?
• March is a month where the two other employees have loads of time off booked - so I reckon they won't just let me walk painlessly unless I quit.
  I also expect a toxic work environment with a lot of snarky comments - when I took the job I did say I was in for the long haul. They've gone through a lot of employees in this role in the last year and I'm beginning to see why.
  They were a bit iffy when I told them about my CFS - I told them I had it well in hand SO LONG AS I HAD PLENTY OF TIME OFF AND REST which on 30 hours a week shouldn't have been a problem. Aside from these two weeks of illness they've both had off, one of them had a week of time off booked, so whilst I've been there I've worked a 39 hour week, a 42 hour, a 42, a 34 and a 36 this week. But I've also had 2 of my scheduled days off cancelled and a holiday entitlement day cancelled too because of illness. My manager has argued saying its hard on everyone and she's ill and having to work and travel further than me, but I'm not sure why that's my problem. That sounds mean, I'm sorry.
  My coworker put an email in about complaints she had about her work patterns and there was a lot of internal politics and backbiting against her - sort of worried if I do the whole reasonable adjustments/DDA thing they might freak out in a similar way.
  In answer to the question do I ordinarily enjoy it...I'm not sure. There are a lot of targets and they didn't make it quite clear how target heavy it was at the time of the interview. So I'm missing the bonuses and still having to work hard to ensure my team members get them because I get berated otherwise.
  I should also point out its an adult shop so the customers are really odd. And occasionally offensive and sometimes scary.
• I know you are disabled and wish to leave work. I recommend you don't quit. I am disabled too and made a big mistake by leaving without reconsidering what work is and it's very hard to find work again due to my disability and as future interviewers see it.
  ALWAYS work until the employer terminates your employment.
  I wish you the best in whatever you decide.
• If you have a letter from your GP or specialist confirming your disability, and how it substantially effects your ability to do day to day tasks (to show you qualify under the Equality Act 2010), and you want to stay in the job, you could ask your employer about an occupational health assessment. The OH professional can then suggest any suitable, reasonable adjustments which might help overcome your disability related work difficulties, but the employer doesn't necessarily have to implement them. It might help you decide if it's possible to stay on.
  Good luck in what you decide, OP.
• It sounds horrendous. Technically they could sue you for costs of having to find replacement staff (ie to provide temps) but it depends very much on whether they can be bothered. Also they may not provide a reference (or provide a useless reference).
  Personally if you have cash resources and feel reasonably confident of getting another job then I'd consider quitting.
  Obviously if this isn't realistic then I'd get job searching and hope to find something else soon.
  df
• Appreciating the advice guys and dolls, giving me plenty to think on
• I work in healthcare law and unfortunately get landed with the odd employment law file.
• My advice would be to start looking for something more suitable whilst you have this job but it hasn't worn you down to the bone.
  I was in a toxic workplace for two years. I loved the job but my boss has no interest in adapting to disabilities. He saw disabilities as ticks on a spreadsheet for funding. It started off badly but I made the mistake of thinking it would magically get better and hung on for two years when I should've called it quits. If yours has started off this badly, I don't think it'll get better. Maybe you could kick up a stink and they'll make an effort for a week but then they can't be bothered and 'they're just treating you the same as everybody else'. Err, yeah, you can't treat people with disabilities the same as people without disabilities. But I digress.
  Make plans to get out whilst your CV is up to date and their ignorance hasn't destroyed your confidence or made you too ill to work. Walking out does more harm in the long run because it won't look good to future employers. One of the golden rules is don't be negative about previous employers and it's hard to explain why you quit without flouting that rule.
• I'm not an expert, but this is what I would do.
  Ask for a copy of the grievance procedure, and raise a grievance against your manager. Explain in the grievance that you made it clear when appointed that you have CFS and that this has a substantial effect on your day to day life. State what you have told us - that your illness is manageable SO LONG AS YOu HAVE PLENTY OF TIME OFF AND REST. Explain that the current demands on you are making you unwell. If you can back this up with evidence from your GP, so much the better. Explain that you raise the grievance reluctantly, and that it's not at all directed personally at your manager, but that you want to work with the employer to come up with a solution which will make it possible to continue your employment without becoming more disabled because of it.
  It will be entertaining to see what their response is. If they are a largish company, HR will be interested to resolve this one!
• Clearly the underlying problem with the workplace is they are understaffed.
  A very common problem and the fix is to employ people that want to work for the hours that they want.
  Over time those that don't want to work move on or get moved on.
  A workplace that does not get this will always be a problem workplace.
• In another twist today I woke up and felt like i couldn't work. I couldn't walk up the stairs let alone work! I called my assistant manager who had a go at me for not giving more notice, and reminded her company policy for 9pm to be the cut off, not 8.20. I also said I slept as late as I could to make sure I was 100% not capable.
  5 minutes later...I get a call off the area manager telling me I had to go in and work today because they had no one else. I told him I couldn't. I physically couldn't. He told me I had to go in. Rinse repeat above 4 times before he puts the phone down.
  What do you think? i couldn't hold the phone to my face so it was on speaker, I explained I was too tired to hold a phone or walk up the stairs....