I have resigned but cannot get a leaving date?

[Simon-R]

I have resigned from my job, new job offer in place. In my resignation letter i gave my 1 month notice as stated in my contract of employment (1 month notice means last day = 23 May). I have had an email accepting my resignation but no confirmation of my leaving date. I have verbally and email requested 16th May but had no acceptance. By the end of this week I will have handed over all of my tasks to the agreed parties so I cannot see any reason for them making me stay any longer.

I have explained that I need to know my leaving date so that out of courtesy I can tell my new employer when I will be able to start. I know worst case scenario that I will be able to leave on 23 May but is there anything I can do to get my leaving date in writing? Or if I was to leave on the 16th May (my preference) what can the existing employer do to me based on the fact that i have all of my work handed over (Breech of contract?)

[STW2010]

You've done what your contract requires, and so you will leave on the 16th. That's how I read it.

[UpTheIron]

STW2010 said:

You've done what your contract requires, and so you will leave on the 16th. That's how I read it.

How? The contract states 1 month, assuming the OP has calculated that correctly then his final day with be the 23rd as he stated.

OP... does 1 week make any huge difference to the new role? If not, work your full notice if required. Have you spoken to your boss, what did they say?

Personally I'd be advising my new employer of a start date of 23rd, and if you get to escape early then have a few days with your feet up!

I'm assuming you are full-time employed, not contracting or similar?

Edited by UpTheIron on Wednesday 7th May 11:48

[The Beaver King]

In hindsight, your resignation letter should have stated the 16th of May as your last day. That way, acceptance of your resignation would have included accepting the 16th. Still, hindsight.

I guess legally your employer could come after you if you left on the 16th, but I very much doubt they would. They may hold back some of your final pay to cover the days not worked or not pay any outstanding holiday.

The preference is to get it in writing, so email them again. This time state you are leaving on the 16th and if they have any problems with this, then contact you. Turn on your email read receipts and keep copies of the sent email and receipts. Hopefully that will provide you with sufficient evidence should they hold back your pay.

Oh, IANAL so if one comes in and contradicts me, run with their advice.

[STW2010]

UpTheIron said:

STW2010 said:

You've done what your contract requires, and so you will leave on the 16th. That's how I read it.

How? The contract states 1 month, assuming the OP has calculated that correctly then his final day with be the 23rd as he stated.

OP... does 1 week make any huge difference to the new role? If not, work your full notice if required. Have you spoken to your boss, what did they say?

Personally I'd be advising my new employer of a start date of 23rd, and if you get to escape early then have a few days with your feet up!

I'm assuming you are full-time employed, not contracting or similar?

Edited by UpTheIron on Wednesday 7th May 11:48

Sorry, I misread that. UpTheIron is correct, the 23rd is your leaving date unless they specifically agree otherwise.

[Dave_newcastle]

The Beaver King said:

In hindsight, your resignation letter should have stated the 16th of May as your last day. That way, acceptance of your resignation would have included accepting the 16th. Still, hindsight.
.

No - OP had to give a month's notice to his employer - so he couldn't have asked to leave on the 16th

[anonymous-user]

Dave_newcastle said:

The Beaver King said:

In hindsight, your resignation letter should have stated the 16th of May as your last day. That way, acceptance of your resignation would have included accepting the 16th. Still, hindsight.
.

No - OP had to give a month's notice to his employer - so he couldn't have asked to leave on the 16th

Surely that depends on any holiday he has remaining or by mutual agreement?

I have only once worked the full 4 weeks, normally utilising any holiday or just agreeing that I could handover in 2 and then be on leave for 2 but on the end of a phone if needed

[Simon-R]

My contract says 1 month, but i have done all of my handovers etc and I genuinely cannot see the need to sit out the remainder of my notice period with very little to do. I have offered to be available on the phone if required. Just feeling very bored and frustrated. It looks like i will be bored for the next 2 1/2 weeks

[anonymous-user]

Simon-R said:

My contract says 1 month, but i have done all of my handovers etc and I genuinely cannot see the need to sit out the remainder of my notice period with very little to do. I have offered to be available on the phone if required. Just feeling very bored and frustrated. It looks like i will be bored for the next 2 1/2 weeks

Your post count will be going up somewhat I imagine, I agree though, its very dull in the last 2 weeks of notice by and large

[UpTheIron]

Simon-R said:

My contract says 1 month, but i have done all of my handovers etc and I genuinely cannot see the need to sit out the remainder of my notice period with very little to do. I have offered to be available on the phone if required. Just feeling very bored and frustrated. It looks like i will be bored for the next 2 1/2 weeks

What are you doing in your new role? Spend the time getting paid to learn some new skills whilst sat at your desk. Be professional, do everything you can to leave a good impression, you never know when your paths might cross in future.

[NBTBRV8]

Simon-R said:

My contract says 1 month, but i have done all of my handovers etc and I genuinely cannot see the need to sit out the remainder of my notice period with very little to do. I have offered to be available on the phone if required. Just feeling very bored and frustrated. It looks like i will be bored for the next 2 1/2 weeks

Why don't you take annual leave up to your finish date?

[HootersGsy]

NBTBRV8 said:

Why don't you take annual leave up to your finish date?

Most employment contracts I've had preclude you from taking holiday whilst working notice. Though as with all these things, it might be ok if the employer agrees even if the contract says otherwise.

[Terminator X]

The two times I have resigned I told them the leaving date and left on that day. Mine were both timed to co-incide with pay day though which you don't seem to have done!

TX.

Edit - always worked the as stated notice period though.

Edited by Terminator X on Thursday 8th May 23:04

[Simon-R]

I am pleased to say that they have seen sense and agreed with my leaving date of next Friday - Hurray. Why did they drag it out and be so difficult???

Anyway happy days 1 more week to go. Thanks for all of your input