Notice Period query
Discussion
Long story short.....I handed my notice in to my employer about 3 weeks ago and didn't hear anything until a couple of days ago.
In my resignation letter I stated my last day would be the 6th March 2012 thus giving them enough time to find a replacement.
It turns out that I am on one months notice, and that the manager who I handed my notice (letter) in to did not actually hand the letter to the HR department immediately (and as far as I know, still hasn't given it to them !). He has had a conversation with them in which they have stated that I would have to leave the company after my one months notice from the date of the letter (i.e. round about now). The manager has 'negotiated' that I could stay until the end of January.
I have something else lined up (Motorsport related
) but have budgeted on staying with the present company until the beginning of March.
Even though I have stated in my letter that I intend to finish at the start of March, can they turn round and say that I should leave after one month (i.e. the employees notice period) from the date of my resignation letter? Seems very strange to me especially when they haven't got a replacement as far as I know and the team I am working for is short of staff anyway?
Should I retract my notice and hand it back at the beginning of Feb? I find it really strange that the manager didn't hand the letter to HR at the time I gave it to him. There is nothing in my employment contract covering this situation as far as I know. Are there any legal precedents around this - surely if I give *more* notice than my actual notice period, they should accept that?
Cheers,
Rich.
In my resignation letter I stated my last day would be the 6th March 2012 thus giving them enough time to find a replacement.
It turns out that I am on one months notice, and that the manager who I handed my notice (letter) in to did not actually hand the letter to the HR department immediately (and as far as I know, still hasn't given it to them !). He has had a conversation with them in which they have stated that I would have to leave the company after my one months notice from the date of the letter (i.e. round about now). The manager has 'negotiated' that I could stay until the end of January.
I have something else lined up (Motorsport related
) but have budgeted on staying with the present company until the beginning of March.Even though I have stated in my letter that I intend to finish at the start of March, can they turn round and say that I should leave after one month (i.e. the employees notice period) from the date of my resignation letter? Seems very strange to me especially when they haven't got a replacement as far as I know and the team I am working for is short of staff anyway?
Should I retract my notice and hand it back at the beginning of Feb? I find it really strange that the manager didn't hand the letter to HR at the time I gave it to him. There is nothing in my employment contract covering this situation as far as I know. Are there any legal precedents around this - surely if I give *more* notice than my actual notice period, they should accept that?
Cheers,
Rich.
If you have handed your notice to your manager then you have resigned, it doesn't matter what he/she has done with it.
Once you have resigned you can't retract the resignation without your employer's consent.
If your contractual notice period is one month then after one month your employment has ceased unless you agree with your employer to work longer. Stating your last day in the letter is pretty meaningless, if the contract says one month then one month it is.
Once you have resigned you can't retract the resignation without your employer's consent.
If your contractual notice period is one month then after one month your employment has ceased unless you agree with your employer to work longer. Stating your last day in the letter is pretty meaningless, if the contract says one month then one month it is.
I'm with Cyberprog on this one - you have done the company the courtesy of giving them a longer period to find your replacement, that's all.
Or, put another way, on what grounds would they be giving you notice should they attempt to terminate your employment before March - there's no misconduct or breach of contract involved.
Or, put another way, on what grounds would they be giving you notice should they attempt to terminate your employment before March - there's no misconduct or breach of contract involved.
Let's not confuse opinion with fact. The fact is that you have resigned, the fact is that your contract states one month's notice so the fact is that your employment ends one month from notice being given.
Obviously you can discuss it with your employer and try and come to some other arrangement, but those are the facts.
Obviously you can discuss it with your employer and try and come to some other arrangement, but those are the facts.
If your notice period is one month and you didn't want to finish till March why did you resign now? I would always leave it to the last possible moment to resign from a job, just in case the new job vanishes (which often happens).
It's a nice idea to give your current employer plenty of notice and give them time to organise a replacement, but at the end of the day your priority should be looking after yourself.
It's a nice idea to give your current employer plenty of notice and give them time to organise a replacement, but at the end of the day your priority should be looking after yourself.
GeraldSmith said:
Let's not confuse opinion with fact. The fact is that you have resigned, the fact is that your contract states one month's notice so the fact is that your employment ends one month from notice being given.
Obviously you can discuss it with your employer and try and come to some other arrangement, but those are the facts.
I don't agree with this advice. Obviously you can discuss it with your employer and try and come to some other arrangement, but those are the facts.
In the face of directly contradictory views, I suggest you give ACAS a call to discuss this situation and report back.
Bonefish Blues said:
I don't agree with this advice.
In the face of directly contradictory views, I suggest you give ACAS a call to discuss this situation and report back.
Actually re-reading it I was assuming something about the wording that isn't in the OP's post.In the face of directly contradictory views, I suggest you give ACAS a call to discuss this situation and report back.
Much depends on what the resignation letter said - if it said something like 'I tender my resignation such that my last day of employment will be 6th March (or whatever)' it's different from 'I hereby tender my resignation. blah blah, I calculate that my last day of employment will be 6th March'.
Inkyfingers said:
If your notice period is one month and you didn't want to finish till March why did you resign now?
Good question - I am not particularly happy with the way I have been treated by the company and really needed to give myself a 'psychological' boost to look forward to leaving (and starting my own company which wont be operational until end of February). Also, I really wanted to 'play by the rules' and at least be seen to be still 'helping' the company by giving them plenty of time to find a replacement just in case things turn 'bad'.GeraldSmith said:
Actually re-reading it I was assuming something about the wording that isn't in the OP's post.
The actual wording of the letter starts :-"Please accept this letter as my notice to resign from my role at xxxxxxxxxxx. My last working day will be Tuesday 6th March, 2012."
Does this change the view ?
Similar thing happened to me recently. I have been with the current company 4.5 years, got offered a new job with a start date in January so thought I'd be nice to my current employer and give them extended notice (8 weeks). They tried to change my leaving date to 23rd December which would've left me unemployed for a week with no possibility to start with the new company at that time. After a fair bit of hassle they agreed to pay me until the end of December (but not to the date on my resignation letter) on the condition I take 3 days holiday between Xmas and new year (not the end of the world I suppose).
I probably wouldn't give extended notice again unless I was very careful with the wording of my resignation letter.
RE: them wishing you to leave 1 month after the date of your letter - I think if you have given them extended notice, they could then give you one months notice but not from the date of your letter (depending on the circumstances this may be considered unreasonable).
Calling ACAS is a good suggestion, wish I'd known about them a month ago!
I probably wouldn't give extended notice again unless I was very careful with the wording of my resignation letter.
RE: them wishing you to leave 1 month after the date of your letter - I think if you have given them extended notice, they could then give you one months notice but not from the date of your letter (depending on the circumstances this may be considered unreasonable).
Calling ACAS is a good suggestion, wish I'd known about them a month ago!
Call ACAS, but don't expect miracles. My experience with them has been that they now sit on the fence rather more often than they give useful advice.
I'd suggest you need some legal advice on this, rather than ACAS. If you've any sort of 'helpline' benefit through your work, ring them, see if they've got a legal team. Or try your Union for the same, if applicable. Or your professional body.
PS - just spoke to the wife (HR Advisor) about this - she says if they don't want you you've got very little chance - they don't have to accept you 'retracting your resignation', esp. if they think it's temporary. It sucks, but you'll probably have to make other plans:-
- talk to new co, say current co happy to release you early (if new co CAN take you on early)
- get some temp work for 4-6 weeks.
- sign on.
- have a holiday.
- do a course.
I'd suggest you need some legal advice on this, rather than ACAS. If you've any sort of 'helpline' benefit through your work, ring them, see if they've got a legal team. Or try your Union for the same, if applicable. Or your professional body.
PS - just spoke to the wife (HR Advisor) about this - she says if they don't want you you've got very little chance - they don't have to accept you 'retracting your resignation', esp. if they think it's temporary. It sucks, but you'll probably have to make other plans:-
- talk to new co, say current co happy to release you early (if new co CAN take you on early)
- get some temp work for 4-6 weeks.
- sign on.
- have a holiday.
- do a course.
You have resigned. The date your employment with the company will cease is set by the terms of your contract.
If they do decide to keep you on for that length of time I'd be surprised. Most employees aren't exactly motivated during their notice period and then there's the usual concerns about data security, contacts and so on..
Good luck.
If they do decide to keep you on for that length of time I'd be surprised. Most employees aren't exactly motivated during their notice period and then there's the usual concerns about data security, contacts and so on..
Good luck.
Bemused said:
The actual wording of the letter starts :-
"Please accept this letter as my notice to resign from my role at xxxxxxxxxxx. My last working day will be Tuesday 6th March, 2012."
Does this change the view ?
You need to talk to them. At the end of the day if they want to hold you to a month they will and you will then have to decide whether to do anything about it - whether to take legal action to claim the two months pay. But if you explain what you meant they might decide it's better to let you stay for three months."Please accept this letter as my notice to resign from my role at xxxxxxxxxxx. My last working day will be Tuesday 6th March, 2012."
Does this change the view ?
TBH I don't think your case is very strong, but it only really matters what your employers think since I doubt it would be worthwhile trying to take it to law if they refuse you the three months.
Nope, still don't agree. Your redress would be under S13 of the Employment Rights Act 1996 for unpaid wages via an ET1 at Tribunal if they tried to terminate your employment early.
It's perfectly obvious what your intentions were v-a-v your notice and I think a Tribunal would look kindly on an employer behaving like this.
It's perfectly obvious what your intentions were v-a-v your notice and I think a Tribunal would look kindly on an employer behaving like this.
Bonefish Blues said:
It's perfectly obvious what your intentions were v-a-v your notice and I think a Tribunal would look kindly on an employer behaving like this.
On what basis?Morally the OP may have a point. Legally he has none/very little. Tribunals aren't in the habit of "being nice", only of settling things in a legally appropriate manner.
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