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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:
UnicornsandRainbows1 · 08/10/2017 19:23

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

The key word is unlikely. It wasn't a complete 100% guarantee.

I completely respect that the two jobs are different, the latter being better for you in terms of duties and whatnot though.

Jamboree05 · 08/10/2017 19:23

OP, with all the information you've given I can understand why you're confused by your employer doing this but you are missing the point other posters are making RE resigning with 'immediate effect.' Unless this is agreed to by your employer, it doesn't exist and you are expected to work your contractual notice. You have however stated that HR advised you to do this. If you have this in writing, you have a leg to stand on and I would advise you forward this to your manager insisting that it is upheld. If you do not have this in writing, you're in fairly hot water I'm afraid...

BeyondThePage · 08/10/2017 19:24

Of course you can be unfit for some work but not other - I could not work on a building site, but could work in the office for instance.

I took it to mean Job A is too physical
Job B is not

BUT OP - you still had to give notice - it is contractually required. Yes they can prosecute you, probably won't - but they could - so be nice and apologetic to them, don't go at it guns blazing!

ItsAllGoingToBeFine · 08/10/2017 19:25

I started job 2 after I resigned. No crossover

Apart from the fact you are employed by job 1 until 30th October. Keep a close eye on your payslips to make sure the right amount of tax is being taken off.

follybodger · 08/10/2017 19:30

OP. I'm not interested in you being fit for one job and not fit for another, that part is irrelevant regarding your notice period.

What is relevant is if you resign and your contract states you have to give 4 weeks notice then that 4 weeks commences from their receipt of you resignation letter.

If they choose to let you go earlier then so much the better but they have not. They are expecting you to remain on their payroll for 4 more weeks whether that is on sick leave or not

I fully understand you have another job you can do but you should not have commenced that employment until you have left your previous role by mutual agreement in terms of notice period

Anyway OP I wish you all the best in your new job.

flowery · 08/10/2017 19:43

Your last date of employment with your current employer is 30 October. What you need to work out is on what basis you're planning to not turn up to work.

If you're genuinely not fit for that job, no doubt your GP will give you a fit note to that effect.

Original poster
Jewlry · 08/10/2017 19:55

No flowery , my last day of enjoyment at job 1 was 2nd October. I've cut the ties and want nothing from them. They've let me down badly. Work related health condition could have easily been resolved months ago if they had progressed my GP suggestions. Huge company so should not have been an issue for them. There was a huge delay in them sending a referral to OH despite me asking for this prior to sick leave. My sick leave could have been prevented. I've been vocal about wanting to get back to work and not be on sick leave. OH and gp recommendations were transfer / alternative duties. Wasn't progressed. Got to the point where I just wanted the whole thing to end. Resigned. Then got p/t job.
I want nothing from previous employer. I've cut my ties completely. I'll respond to the letter saying all of the above and that I've moved on and require nothing from them. Should they wish to pursue further then so be it.
This all could hsve been prevented many months ago.
I've moved on and been proactive in doo g so and am proud of getting off sick leave and feel lucky to have found something else so quick

OP posts:
SunbathingCats · 08/10/2017 19:55

I resigned rather than remain on sick leave... and you all think I'm taking the piss?

But you didn't resign. You handed in your notice and your employer told you that you had to give four weeks which you did not do. We are merely pointing out that you have breached your contract.

Why did you post when you aren't listening?

SunbathingCats · 08/10/2017 19:56

Your last day was not 2nd October. You are still legally and contractually employed by them despite the fact you are refusing to accept it.

Original poster
Jewlry · 08/10/2017 19:57

I did resign.
I resigned with immediate effect

OP posts:
LIZS · 08/10/2017 19:59

They haven't refused it, just are holding you to the contract. Had you been upfront they may have compromised. Did you tell job B you were available immediately and were on sick leave? Presumably you have had no p45 to hand over yet.

UnicornsandRainbows1 · 08/10/2017 19:59

But you didn't. You gave notice on the 2nd for immediate effect. They didn't accept it.

Just because you want it to be on the 2nd doesn't mean it actually is.

SunbathingCats · 08/10/2017 20:01

Why don't you understand that you can only resign with immediate effect when your employer agrees to this? Your employer did not accept it, therefore, you are still employed by them!

Teacupinastorm · 08/10/2017 20:03

I’m not really getting why you’re posting for advice and then disputing everything everyone is saying?

You handed in your notice. It wasn’t accepted. You have to work the terms of your notice whether you actually physically work it or not.

AnneEyhtMeyer · 08/10/2017 20:08

Does your new employer know that you are contracted to your current employer until 30th October?

FiveGoMadInDorset · 08/10/2017 20:11

You can ask to resign with immediate effect they can have have declined to accept it and make you work your notice even if you are on sick leave.

ItsAllGoingToBeFine · 08/10/2017 20:11

Resigning is a two way thing - both parties need to agree. You can't just resign to get out of a contract early. You are currently employed by two employers.

Original poster
Jewlry · 08/10/2017 20:14

Five go mad ... how can they "make" me do anything
I've came off sick leave
I work somewhere else now
If they want to pursue this then so be it
My new employer knows how I left job 1

OP posts:
slimyslitheryslug · 08/10/2017 20:16

How did you start your new job without a P45 from your first job? What are you going to do about the fact the your first employer is going to be paying you for this month?

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

I'm writing to them to reiterate I resigned immediately on 2nd Oct and wish this to be upheld for the reasons I've outlined in this thread and that I do not wish for any pay nor any annual leave entitlement pay etc

OP posts:
AlternativeTentacle · 08/10/2017 20:20

So, what can be done?

Let them get in with it, just keep calling in sick and carry on going to your new job. What are they going to do? Sack you?

sabbath84 · 08/10/2017 20:20

Jewlry I get what your saying but I think your missing the facts that others are trying to point out. That it is a 2 way street.

And that if they so wish your old employers could take this further. Now my opinion not based on facts is that with all the evidence a court wouldn't punish you for this situation. Would understand the differences between the jobs and that by "working your notice" would effectively mean you staying off sick for that 4 week period. Tyour old employer has not lost out financially from this situation so no costs to award.

But that is by no means a given. As others have said speak to ACAS and your old employer for a way to resolve this situation. They could just be covering their own backs and going through the motions. As you say its a large conpany. They will follow there policie completely.

Personally I think its bad form to five no notice but I can see what you did it and it makes sense. Learn from this and get any "advice" in writing.

Good luck with the new job.

Original poster
Jewlry · 08/10/2017 20:24

Alternative ... I def won't be calling in sick. That would be asking for trouble and fraudulent in my eyes.
I'll keep reiterating I've left, I've cut my ties , I want nothing.
I certainly won't be "made" to do anything by them after they've let me down so much. I won't be returning. Should I receive any monies from them I will be returning it sharply

OP posts:
Original poster
Jewlry · 08/10/2017 20:26

I honestly think they are covering their own backs in fear I might lodge constructive dismissal claim. Which I probably could. But have no intention of doing so. Just wish to move on and cut all ties

OP posts:
Lozmatoz · 08/10/2017 20:27

You’re in the wrong.

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