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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:
justkeeponsmiling · 09/10/2017 06:44

Love the way you are ignoring the advice from people who are specialists in the field such as the employment lawyer @Mamaoftwo who have stated really clearly that what you have done is in breach of your contract...
Op I think we all understand that getting a new job is great for you, that your old employers had it coming to them because they treated you badly and you feel let down by them.
But it doesn't mean that it was legal what you did!
Hopefully you won't have to face any consequences from your old employers. But just because something is right doesn't mean it's legal!

Majormanner · 09/10/2017 06:47

You can only resign with immediate effect if they agree to it. You must give four weeks notice if that is within your contract even if you remained on sick leave

AJPTaylor · 09/10/2017 06:53

in your situation i would just drop them a line clarifying that you will not be returning nor providing further fit notes as you have resolved the issue by changing jobs.
more likely than not they have sent you a standard leavers letter.
id do it pronto though as you will end up on emergency tax with new employer

AdalindSchade · 09/10/2017 06:55

Oh come on
The old company is really unlikely to take op to court are they!? It would cost them money and benefit them nothing.
Secondly why don’t you just go to the gp and get a fit note to cover you for October? Send it to them, crack on with new job and problem solved.

AdalindSchade · 09/10/2017 06:56

People on mumsnet really don’t like rule breakers

Brokenbiscuit · 09/10/2017 06:59

OP, I'm really curious as to why you posted as you seem unwilling to listen to any of the responses, except those that completely agree with your point of view. What did you hope to get out of this thread?

MaisyPops · 09/10/2017 07:01

People on mumsnet really don’t like rule breakers
Put the boot on the other foot.
I've been doing my best at work and it's not the best situation but I'm doing my best. Anyway, I went into work today to find my manager wanted a meeting. They've sacked me with immediate effect because they have found someone who can do my job better. Where do I stand?

Notice periods are two way.

You can't resign with immediate effect.
They can't dismiss with immediate effect.

The OP is on very dodgy grounds here and it also raises questions about getting a nee job without a reference from her current employer. It's a poorly thought through mess.

BoneyBackJefferson · 09/10/2017 07:02

dertyyuoih2
I think perhaps you could look at constructive dismissal should you want to go down that route. If your manager has failed to put in place actions recommended by OHU and the doctors then you had no choice other than to resign?

As we don't know what the job is, the company or the companies structure, this is a bit of a stretch.

SteampunkPrincess · 09/10/2017 07:04

What's the difference between 'i quit' and here's my notice?

If you are on notice then you should be paid- can you go back to being on sock and start with job 2 after your notice ends

MaisyPops · 09/10/2017 07:09

Agree boney. A claim for constructive dismissal is very difficult to achieve and nobody on here can advise on that.

What's the difference between 'i quit' and here's my notice?
Here's my notice is doing things the correct way and allows the employer time to recruit a replacement.
I quit and I am not coming back again is breaking your contract and likely to lead to poor references and a bad reputation.

Another question OP, how did you attend an interview if signed off sick? My understanding was tha you couldn't. You can't in my line of work anyway.

AJPTaylor · 09/10/2017 07:12

meanwhile, back in the real world
ops employer is delighted she has resigned but a little worried about a grievance.
have sent standard letter
honestly, yes legally the employer could be arsy about the notice but why would they?

trinitybleu · 09/10/2017 07:19

As others have said, you can't resign with immediate effect however job 1 won't do anything about it. You've not handed in a fit note so they can't pay you SSP. Worst they can do is process you as having gone AOL and dismiss. Your reference is still likely to just say the dates of employment and job title, and you can do a P46.

It's really not that big a deal.

(Head of HR)

TrojanWhore · 09/10/2017 07:23

It's not anything to,do with whether you like posters or not.

But OP needs to know that some of those posting have demonstrated considerable relevant legal expertise on the boards over yearsof sound advice.

OP continuing to exist she has resigned with immediate effect when -everyone is correctly telling her she has not does suggest she is not taking in any of the advice. And she says she finds patronising anything that isn't telling her there is a pretty big legal problem with her actions because the message had to be simplified in, what I read as, a last ditch attempt to get through.

Anatidae · 09/10/2017 07:46

It’s unlikely they will sue you. They are likely making sure THEY follow the rules so that they are legally covered. That’s sensible of them.

What I would be worried about is reputational damage and your new employer being able to say you took the job under false pretences.

I know you say it’s a new industry but it is, very honestly, a small world. I’ve changed industries and run into people from the old industry in the new. I’ve also quit a job I loathed, where I was treated terribly, but I did it according to ‘the rules’ and made sure I didn’t blast anyone as I left - you are likely to meet people again and again on the way through your career and mud sticks.

It’s also possible that your new employer could use this to get rid of you in the future - it’s a similar thing to if you’d lied on your CV. It also shows poor judgement and poor self control, which I would see as a red flag.

Original poster
Jewlry · 09/10/2017 07:50

It was very patronising how. You. Typed. Out. A. Response. To. Me.
So that's not finding anything patronising, your "simplifued" response yes patronising and rude

OP posts:
rizlett · 09/10/2017 07:57

OP. You. Are. Not. Allowed. To. Resign. With. Immediate. Effect. Unless. The. Company. Agrees. It. Has. Not. Agreed. Therefore. You. Are. Still. Employed. By. Them.

But you CAN give your notice and decline to work your notice period if that's what you choose to do.

I think you've been ill advised on this thread op. Good luck with your new job.

Original poster
Jewlry · 09/10/2017 08:02

Thanks rizlet.

Just to clarify... I got new job after i resigned. By pure chance.

I posted knowing full well i was in breach of contract. What I didn't understand was why employer would prefer to insist on having me at home on sick leave on full pay for a further month rsther than accept immediate resignation.
I do think they are worried 're a grievance and trying to cover themselves now

OP posts:
Newtssuitcase · 09/10/2017 08:03

Ok Ok hold up!!!

I am a very senior employment lawyer and run a specialist employment law firm.

All bar about two posters on this thread are completely and utterly incorrect.

Whilst I think the OP's attitude is pretty bad, of course it is possible to resign without notice without having the permission of the employer. Its absolute rubbish to say that isn't possible. That would be slavery. Practically every constructive dismissal case is based on the concept of an employee resigning without notice in response to their employer's breach of the contract (generally on the basis of a breach of the relationship of trust and confidence). Yes the OP is in breach of contract but if she's in breach in response to the employer's prior breach (and it seem like this is what she is saying in terms of their treatment of her) then that is completely normal.

OP tactically you're best to write to them and say that you have resigned with immediate effect in response to their breach of contract and are considering a constructive dismissal claim. Your employer will then breathe a sigh of relief in the knowledge that you have found another job and so it is unlikely to be worth your while pursuing a constructive dismissal claim.

Clearly this doesn't just mean that everyone can resign without serving their contractual notice but on the facts of the OP's case (where it is in response to a breach by the employer) she probably can.

Original poster
Jewlry · 09/10/2017 08:04

Anyway, many thanks to the sensible posters who live in the real world where things are not ideal, rules get broken, people walk out on jobs etc

And many thanks to the over zealous posters advising of possible prosecution! I haven't committed a crime !

OP posts:
Original poster
Jewlry · 09/10/2017 08:09

Thanks newsuitcase I've done that this morning

OP posts:
scottishdiem · 09/10/2017 08:10

They can, in theory, fire you for gross misconduct and that will show up in references in future. Depends if your contract let's you work two jobs at once.

Newtssuitcase · 09/10/2017 08:10

Rubbish - they cannot fire her. she has resigned in breach of contract and she no longer works for them.

Original poster
Jewlry · 09/10/2017 08:13

Ok getting silly now , so I resign They refuse it but fire me?

OP posts:
timeisnotaline · 09/10/2017 08:14

Finally someone says something sensible. You have gotten a hard run of it op! If it came to court I expect it wouldn't be too difficult to argue consulted hr, fit note would clearly be extended as basically applied to your entire old job, work in breach of contract etc. And it is very clear how you can be unfit for one job and completely fit for another, I don't know why that seems so challenging. But OP, it's not risk free. I would not change new job plans but would probably consult a lawyer before replying to old job. It may be you should have a chat to them, possibly with representation before writing a response. You don't want to incite them to action.

scottishdiem · 09/10/2017 08:15

If they don't accept the immediate resignation then a breach of contract has occurred. That is open to disciplinary action. They don't need to do the PAYE/NI stuff till the 4 weeks are over either.