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Original poster

Employer refusing notice

185 replies

Jewlry · 08/10/2017 18:37

I handed my notice in on 2nd October with immediate effect due to health reasons. I'd been on long term sick leave (work related) for a while and for me to give the required 4 weeks notice would only have been me remaining on sick leave for another 4 weeks anyway. Employer has now written to me to say that I have to give 4 weeks notice and therefore my last day with them will be on 30th October even though I've already started a new job! Don't understand this at all!

OP posts:
iMatter · 08/10/2017 18:58

Sorry OP but I think you’ve handled this very badly.

You can’t resign with immediate effect and walk into a new job without your employer agreeing.

And going from sick leave in old job to starting the next day in new job might give the impression that you are taking the piss.

You need to work out a settlement with your old employer.

AlexanderHamilton · 08/10/2017 19:00

There is no such thing as resigning with immediate effect when you have a four week notice period.

Did you actually discuss your situation with anyone & explain?

MamaOfTwos · 08/10/2017 19:02

You can't just decide that you're leaving a job with immediate effect if you have a 4 week notice in your contract

If you started a new job without serving your 4 weeks notice then you can be prosecuted for breach of contract

Candlelight234 · 08/10/2017 19:02

You can only resign with immediate notice IF your employer agrees. Otherwise you need to abide by your contractual notice period.

Original poster
Jewlry · 08/10/2017 19:04

Yes alexanderhamilton I did. I discussed with HR last month and my manager that I planned to resign as no alternative duties had been identified and I was keen to get back to work. HR advised me if I resigned with immediate effect at any time it was unlikely they would pursue given the circumstances. Manager asked me to remain on sick leave

OP posts:
Original poster
Jewlry · 08/10/2017 19:05

Prosecuted? Absurd

OP posts:
HipToBeSquare · 08/10/2017 19:06

She can just leave but as has been pointed out will receive no owing benefits or reference.

How would you have liked them to terminate you with immediate affect though OP?

khajiit13 · 08/10/2017 19:06

You are at fault here OP. It's not about the money. If your contract says 4 weeks notice then it will be 4 weeks from OCT 2nd. If you are no longer sick then you are still within your contract with them and therefore need to be at work until your 4 weeks are up. You can't just decide you don't want to give notice and resign "with immediate effect". It doesn't work like that. You are in breach of your contract and your employer could apply for a court injunction if they wished to.

There are no crossed wires here, you are the one that is confused.

Original poster
Jewlry · 08/10/2017 19:07

Hip to be square ..... I would have preferred them to make efforts to have me return to work asap rather than remain on long term sick leave

OP posts:
Allthebestnamesareused · 08/10/2017 19:08

You can't chose to resign with immediate effect. You give your notice and possibly the employer may "allow" you to leave with immediate effect if you ask for this.

However you are not sick as you are working in your new job. therefore your "old"/current employer can insist on you working your notice.

Presumably your "new" employer has contacted your current employer for a reference and you have been rumbled!

If you do not return they can actually sue you for breach of contract and possibly for the cost of a temp to cover that 4 week period.

You are either sick or not sick. Not sick for one employer but not sick for another. In effect you are fit to work your notice period.

Original poster
Jewlry · 08/10/2017 19:09

Kajit13 .... I remain not fit for job 1
Regardless of 2nd October or 30th October

OP posts:
MamaOfTwos · 08/10/2017 19:11

As a solicitor specialising in employment tribunals and disputes, I can confidently say that yes, they can prosecute you. Especially if they think you've been taking the piss with regards to sick leave then waltzing into a new job. So you're on VERY dodgy ground.

Original poster
Jewlry · 08/10/2017 19:11

And for anyone querying .... you can certainly be not fit for type of job and fully fit for another type of job. This is why my GP put a transfer or alternative duties on my previous sick notes

OP posts:
PuppyMonkey · 08/10/2017 19:11

Can you ring HR back and tell them you did what they advised and you've now had this letter saying you remain employed until October 30. Have you got HR advice in writing?

GreenTulips · 08/10/2017 19:12

HR advised me if I resigned with immediate effect at any time it was unlikely they would pursue

This makes a difference, did you get it in writing?

Anatidae · 08/10/2017 19:12

It doesn’t matter if you’re not fit for one job and fit for the other. It’s irrelevant.

Your contract states 4 weeks notice. You can not resign with immediate effect, you’re employed by A until 30th Oct and new employer is within their rights to terminate your employment at B.

Iamagreyhoundhearmeroar · 08/10/2017 19:12

Why do you imagine the doctor would have continued to certify you as unfit for work if you’d agreed to work the four weeks notice (that you are contractually obliged to do), but remains mute on the subject of you working somewhere else?
It all sounds complete nonsense, tbh.

FuzzyOwl · 08/10/2017 19:13

The problem isn't fit for one job and not fit for the other. Your problem is that you did not get a fit note to cover your notice period of four weeks. Even with a fit note, an employer does not actually have to legally accept it (although they would need a very strong reason to go against medical advice). You've breached your contract and you are legally obliged to give that notice. It all depends what action your employer intends to do really but you are the one completely in the wrong.

JaneEyre70 · 08/10/2017 19:14

I hope you never need a reference from them OP Shock. I think you need to phone ACAS and get some advice on this, as I can't see how what you've done is acceptable on any level.

Original poster
Jewlry · 08/10/2017 19:15

Cannot believe some of the replies.
I wished to avoid being on sick leave
My employer made no efforts to get me back into work, they were happy enough for me to remain off. I resigned rather than remain on sick leave .... and you all think I'm taking the piss? I was lucky to find something after I resigned

OP posts:
mintich · 08/10/2017 19:18

My company would send the same letter knowing full well you won't come back. Just means you won't get paid and will just get basic reference.
If you aren't worried about either of those points then what's the problem?

Squarerouteofsquirrel · 08/10/2017 19:19

You are in breach of contract, as you have not worked your contracted 4 week notice period. However, due to the costs involved, it is unlikely they are going to start costly court proceedings against you.
Would be curious to know what you have done about a reference, and/ or I wouldn't be looking to them for one given your chosen method of departure.

Twodogsandahooch · 08/10/2017 19:20

No one has said you are taking the piss, just that your original employer might think you are taking the piss.

As a PP said this is nothing to do with your fitness to work. You should not have started a new job until your resignation had been accepted.

Original poster
Jewlry · 08/10/2017 19:20

Mintitch ... exactly. I don't want any money, or a reference. I've resigned as felt I had no option. It was either resign or continue to be on sick leave.
I started job 2 after I resigned. No crossover

OP posts:
iMatter · 08/10/2017 19:21

Your contract states 4 weeks notice.

This can be waived if you and your employer agree.

Your employer hasn’t agreed.

You can ignore everyone on here or listen to advice.

Your call.

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