Told my employer I was leaving, didn't end well!

Told my employer I was leaving, didn't end well!

Author
Discussion

CraigJ

Original Poster:

592 posts

204 months

Tuesday 31st March 2015
quotequote all
Just looking for some advice on this. Is it worth chasing.

Yesterday I emailed my employer stating I planned to leave the company on the 30th of June this year to go self employed.

To day I have been told to leave with 1 months pay. (My notice period is one month) I stated I was planning to leave in three months, And asked if they were happy to take three months notice or if I had to submit my notice in two months time.

It basically it feels like I have been sacked and given a months wages and told to do one.

Are they allowed to do this legally? or do I have any legal right to ask for the two months pay I would have earned?

thelawnet

1,539 posts

154 months

Tuesday 31st March 2015
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When did you start working there?

Jasandjules

69,825 posts

228 months

Tuesday 31st March 2015
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How long have you been employed?

Heartworm

1,922 posts

160 months

Tuesday 31st March 2015
quotequote all
Never hand in more than your required notice, it's the notice they need to give you too according to the contract. Can't see them changing there mind on it,

Sheepshanks

32,529 posts

118 months

Tuesday 31st March 2015
quotequote all
CraigJ said:
Just looking for some advice on this. Is it worth chasing.

Yesterday I emailed my employer stating I planned to leave the company on the 30th of June this year to go self employed.

To day I have been told to leave with 1 months pay. (My notice period is one month) I stated I was planning to leave in three months, And asked if they were happy to take three months notice or if I had to submit my notice in two months time.

It basically it feels like I have been sacked and given a months wages and told to do one.

Are they allowed to do this legally? or do I have any legal right to ask for the two months pay I would have earned?
I'm not clear from reading that if:

1) You resigned, or just told them you intended to resign.

2) They sacked you, or just told you that in order to leave you need to give a months notice.

CraigJ

Original Poster:

592 posts

204 months

Tuesday 31st March 2015
quotequote all
I have been there just over three years.

It simply feels that I have been shoved out of the door as I am going self employed.

I thought I would do the right thing and let them know as the job I do is not easy to find replacements for.


CraigJ

Original Poster:

592 posts

204 months

Tuesday 31st March 2015
quotequote all
Sheepshanks said:
I'm not clear from reading that if:

1) You resigned, or just told them you intended to resign.

2) They sacked you, or just told you that in order to leave you need to give a months notice.
I emailed HR stating that i intended to resign on the 30th of June 2015.

Today I was asked to meet with my manager. All my work related items were taken from me and I was told I am no longer needed and one months pay will be received.

Mermaid

21,492 posts

170 months

Tuesday 31st March 2015
quotequote all

CraigJ said:
I have been there just over three years.

It simply feels that I have been shoved out of the door as I am going self employed.

I thought I would do the right thing and let them know as the job I do is not easy to find replacements for.
They could have sacked you at any stage and provide one month's notice. They have done that. Your gesture was noble, but they want you out & move on - as you should.

Al U

2,311 posts

130 months

Tuesday 31st March 2015
quotequote all
Doing the right thing is giving your notice as stated on your contract. Maybe drop some hints that you are planning on leaving but telling them you are going to leave in 3 months when they have contractually asked you to only tell them a month in advance is a bit odd really.

Even if they hadn't told you to leave, you could guarantee the next 3 months wouldn't of been as good as they could have.

Defcon5

6,160 posts

190 months

Tuesday 31st March 2015
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Can they just get rid of you for no reason like that?

T5R+

1,225 posts

208 months

Tuesday 31st March 2015
quotequote all
Craig. You may have the moral high ground but your employer has the "legal" ground.

Yes it feels hollow the way they have behaved BUT essentially they have decided that they no longer need your services.

Take the money, forget the right vs wrong and start your own business pursuit soonest.




LoonR1

26,988 posts

176 months

Tuesday 31st March 2015
quotequote all
CraigJ said:
I emailed HR stating that i intended to resign on the 30th of June 2015.

Today I was asked to meet with my manager. All my work related items were taken from me and I was told I am no longer needed and one months pay will be received.
Why did you do that? Over the years I've had a few people do it at various levels, all of whom were close to dismissal or disciplinary proceedings starting. All of them did it to try to stave off the inevitable by thinking it gave them some sort of immunity. Not saying that's the case with you, but it's a strange thing to do

Are you going self employed in the same industry? Are you actually just going to contract on a self employed basis with a competitor? Or are you genuinely starting up a business in your own? Even then, will you be competing?

Drumroll

3,738 posts

119 months

Tuesday 31st March 2015
quotequote all
Are you going to start your business in a similar field?

Nearly all our salesmen if going to work for a competitor are told to stop working for us straight away (hand back computers, etc(sometimes they can keep the cars till the end of the notice period)) and are payed in lieu of notice.

CraigJ

Original Poster:

592 posts

204 months

Tuesday 31st March 2015
quotequote all
LoonR1 said:
Why did you do that? Over the years I've had a few people do it at various levels, all of whom were close to dismissal or disciplinary proceedings starting. All of them did it to try to stave off the inevitable by thinking it gave them some sort of immunity. Not saying that's the case with you, but it's a strange thing to do

Are you going self employed in the same industry? Are you actually just going to contract on a self employed basis with a competitor? Or are you genuinely starting up a business in your own? Even then, will you be competing?
I worked as part of a service team. The reason in letting them know is it is hard to find replacements and I offered to help train a who ever replaced me.

Yes I will be in the same trade but self employed doing a similar job. I was in this trade before I worked for my now Ex-employer and already had built relationships with clients.

essayer

9,011 posts

193 months

Tuesday 31st March 2015
quotequote all
Wait, they have just dismissed you without following any formal procedure?

I can't see how that can be proper.

Definitely investigate this further.

TooMany2cvs

29,008 posts

125 months

Tuesday 31st March 2015
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So lemme get this straight...

Your contract says one month's notice.
You've told them you're resigning.
They've told you to work one month's notice, no more, no less, as per your contract.

And you're feeling hard done-by and want another two months pay...?

robinessex

11,046 posts

180 months

Tuesday 31st March 2015
quotequote all
Lesson No 1. Never, ever, think about anyone else except yourself.

Mermaid

21,492 posts

170 months

Tuesday 31st March 2015
quotequote all
TooMany2cvs said:
So lemme get this straight...

Your contract says one month's notice.
You've told them you're resigning.
They've told you to work one month's notice, no more, no less, as per your contract.

And you're feeling hard done-by and want another two months pay...?
NO he has been paid off - one month's salary in lieu - and told to shoo off forthwith to prevent any risk to them.

It suited him to leave at the end of three moths, and he thought the employer would be pleased that he gave more notice than required to. Well meaning, but a tad naive perhaps.

essayer

9,011 posts

193 months

Tuesday 31st March 2015
quotequote all
OP, did you submit anything in writing other than

Craigj said:
And asked if they were happy to take three months notice or if I had to submit my notice in two months time
.. Because that looks like a question to me, not a resignation.

zarjaz1991

3,471 posts

122 months

Tuesday 31st March 2015
quotequote all
I've left two jobs in the past with more than the required notice - the reason being that I knew that getting me replaced would take longer than a month, and I did not want to leave my employers and their remaining staff in the do-da. (And no, I wasn't under any sort of disciplinary investigation).

In both cases this was gratefully accepted.

I think you have to know the company you work for and make a judgement yourself on whether they are worthy of that consideration. Some are, some aren't, and in this case it looks like the wrong judgement call was made.

I would always take that position in the future if it were appropriate - changing jobs needn't be adversarial, I'd always speak to HR informally and seek their view on it. I have always found that at the very least, they appreciate me giving them the consideration, even if they don't take me up on it.

I've never understood companies, and staff, that take the "adversarial" position on this. I always try to have a good working relationship with my employers, and I've never known them not appreciate this and reciprocate, but perhaps I've just been lucky on that one.