Reply to: Accepted offer now being counter offered

[Paralytic]

That is pretty discriminatory to me. Treating someone on notice differently is precisely that.

It's not, really.

But, hey, if the OP want to claim for discrimination, I'm sure they'll let us know how they get on.

[SussexSeagull]

Smile sweetly, don't do anything controversial then leave at the end of your notice period.

Most importantly use zero initiative and in no way be proactive about handing over.

[northernladuk]

I'm not so sure.

That is pretty discriminatory to me. Treating someone on notice differently is precisely that.
The software is not installed for all.

Not quite IMO.. If its done for everyone on notice, even if it's just contractors on notice then it's not discriminating one group or person unfairly. I'd see that as quite an aggressive process but I don't see discrimination there. I can't see how your situation in employment i.e. onboarding, full time, notice, left is covered by discrimination as long as it affects everyone in that situation equally.

To be fair the actual process makes sense, albeit a bit late. Anyone worth their salt would have taken what they needed before the monitoring kicked in. Obviously depending on the environment. For your average bod it's way over the top. For someone using secret or business critical data it doesn't sound a million miles out.

We'd be in a world of problems if companies couldn't take steps to protect themselves, even at an individual level if they are perceived as a security risk because it's discrimination.

[Lance]

They're not discriminating. The standard employment terms will contain clauses that allow the company to monitor usage of their computers.

This software is installed as standard in many financial institutions; i've know contractors to be walked and perm staff given official (on record) warnings due to breaches where they sent confidential information to their personal email address and/or upload information to a public website (in order to use a web utility). In both cases, it was entirely innocent, as the company did not provide the tools.

I'm not so sure.

additional software will be installed on my pc to track me and what I'm doing during my notice period

That is pretty discriminatory to me. Treating someone on notice differently is precisely that.
The software is not installed for all.

[Paralytic]

employment contracts tend to be pretty standard. I very much doubt it will be in there.
There may be some clauses in an acceptable use of computers policy. But I very much doubt they will differ for someone on notice.

In fact I think that discriminating against a person just because they are not notice is not something you can do. That is why gardening leave exists. "We cannot trust you, but cannot control you. So sit on your arse for 1-3 months getting paid".

They're not discriminating. The standard employment terms will contain clauses that allow the company to monitor usage of their computers.

This software is installed as standard in many financial institutions; i've know contractors to be walked and perm staff given official (on record) warnings due to breaches where they sent confidential information to their personal email address and/or upload information to a public website (in order to use a web utility). In both cases, it was entirely innocent, as the company did not provide the tools.

[eek]

employment contracts tend to be pretty standard. I very much doubt it will be in there.
There may be some clauses in an acceptable use of computers policy. But I very much doubt they will differ for someone on notice.

In fact I think that discriminating against a person just because they are not notice is not something you can do. That is why gardening leave exists. "We cannot trust you, but cannot control you. So sit on your arse for 1-3 months getting paid".

I think my response would be tell me what handover you want and lets get on with it.

Then do absolutely nothing until the final day happens after all what are they going to do, fire you...

[Lance]

I cant pretty much guarantee their ability to do this will have been written into the employment contracts. Can be a pretty standard thing for people in their notice period to be monitored, but I've never heard of people being told so bluntly!

employment contracts tend to be pretty standard. I very much doubt it will be in there.
There may be some clauses in an acceptable use of computers policy. But I very much doubt they will differ for someone on notice.

In fact I think that discriminating against a person just because they are not notice is not something you can do. That is why gardening leave exists. "We cannot trust you, but cannot control you. So sit on your arse for 1-3 months getting paid".

[NotAllThere]

Bear in mind that notice periods on permies are pretty much unenforceable. Worst case, you don't go into work and they sack you with immediate effect. Or they can continue to pay you, but they can't force you into the office.

As for the monitoring - I'd tell 'em to stick it.

[Paralytic]

refuse to consent to the monitoring. They may well put you on gardening leave.
If they say 'standard practise' again, ask to see the documented process and where it matches your contract. Then refuse anyway.

"breach of privacy. GDRP. blah blah"

I cant pretty much guarantee their ability to do this will have been written into the employment contracts. Can be a pretty standard thing for people in their notice period to be monitored, but I've never heard of people being told so bluntly!

[Lance]

So in the end I didn't accept counter, within minutes of it being formal and starting my 12 weeks notice I get email from HR telling me from that point onwards my IT usage is under enhanced monitoring, every mail, every msg I send / recieve, every website I visit, every file I open / create / delete will be logged and reviewed, they even told me additional software will be installed on my pc to track me and what I'm doing during my notice period. I understand they need to protect there assets but I'm not working in some high security area, apperently this is standard practice here. When I read the mail I knew I had done the right thing leaving.

refuse to consent to the monitoring. They may well put you on gardening leave.
If they say 'standard practise' again, ask to see the documented process and where it matches your contract. Then refuse anyway.

"breach of privacy. GDRP. blah blah"

[BoggyMcCBoggyFace]

So in the end I didn't accept counter, within minutes of it being formal and starting my 12 weeks notice I get email from HR telling me from that point onwards my IT usage is under enhanced monitoring, every mail, every msg I send / recieve, every website I visit, every file I open / create / delete will be logged and reviewed, they even told me additional software will be installed on my pc to track me and what I'm doing during my notice period. I understand they need to protect there assets but I'm not working in some high security area, apperently this is standard practice here. When I read the mail I knew I had done the right thing leaving.

[northernladuk]

My guess is that if you stay you'll be viewed by your existing employer as even more of an easy touch than you are now.

And you'll be gone one way or another before the year is out.

Totally this and the other post about why stay with someone that's been happy to undervalue you for all this time. My vote is for leaving

[Lance]

Not if its paid in the form of shares/options that vest over time - effectively golden handcuffs.

Cuckoo.

jam tomorrow.....

they might look like handcuffs but they are usually made of tulipe

[Fraidycat]

I resigned and then suddenly current employer counter offers to match plus a bit more.

Did you tell them what your new offer was? If so you should have inflated it to be the very top end level for your experience, skillset location/sector.

[Gibbon]

Go, my view is once you've accepted an offer, its best to go, whether perm or subby. Plus ten years just doing the same old is one path to dementia. Go somewhere new, yes hard but rewarding, get on that learning curve before you find yourself dribbling at your desk.