Can an employer refuse to accept your notice? Or try to obstruct your leaving?

[MiniTheMinx]

I am stressed beyond belief. Currently working horrendous hours, sometimes 15 hr days without breaks, 7 days in a row, no rota published, no minimum 11 hrs rest btw shifts.

I asked if I could go part time due to dependents. They kept me waiting for a decision despite my knowing a decision was made. They said no. I've now given in my notice in writing and I have a choice of two jobs.

So, now I'm expected to give 6 weeks notice despite still being on probation. But I have a start date for the job I really wish to take. My notice was given to manager, in writing more than a week ago, but today I'm told it can't be accepted unless I write to MD. And notice will follow from the date he agrees. Also, I'm relying on him for a reference. I am certain he won't give a reference until I have agreed to his terms. But if I agree to 6 weeks I might lose my job offer. Without a reference I might lose it too.

What can I do? Can an employer string it out, or be obstructive, or even decline your notice? If they did, but also declined to give a reference what can be done? I'm inclined to think that if he had good reason to refuse a reference he would have good reason to sack me. They have no good reason. They simply don't want me to work part time or to leave!

Any advice very welcome.

Is the other job offer solid or is it reliant on a reference because you can speak tothem and complain.
Do you have a copy of your contract? It will say in there what your notice period is. No they cant refuse to accept a resignation at all thats illegal.

Also now is the time to be bolshy. Dont let them bully you as they are breaking the law with your shift patterns. No breaks and working 7 days is illegal. Inform whoever in writing that this is the case. They will have you gone.

Is your new job offer unconditional or is it dependant on references? What does your current contract say regarding giving notice? I suspect they are stringing it out if they are struggling for staff.

What are your contracted hours? Im on zero hour contract which means i dont legally have to give notice. Length of notice relies on contract. I left a hospital job due to buying once. I wrote in my resignation they could takemy holiday pay owed in leui of notice which they accepted.

Isn't the point of probation that neither side has to give notice? They're being awfully cheeky

The job offer depends on two references and it's education, so it's imperative that they have previous employment refs. I can offer alternatives but I would prefer my current employer to just be reasonable.

Google says on probabtion you need to give minimum notice of one week.

I don't have a contract. But in my offer letter it's stayed 6 weeks. However I never received this offer letter. I took them at their word. I accepted the job on a verbal offer because I wasn't leaving another job.

They are just trying to drag it out because they can not retain nor recruit staff.

You could give ACAS a call.

The offer letter was sent to me a couple of weeks ago, four and a half months into the job.

If I become bulshy over the hours and start up about working time regulations I'm fairly certain this MD will become very nasty to deal with.

In a meeting he told one person "I'm glad your going" this was said in front of everyone.

I just feel beaten down. I feel really unsure how to deal with this person.

Defo speak to acas, if they never stated terms in writing I don’t see how they can hold you to it?

How long have you been there? What happens if you don't get a reference from them. I didn't work my notice once (long story) but didn't put them down as an employer but I realise it might be different in education.

I never signed anything. None of us have contracts.

When I mentioned that I had no offer letter, it was emailed to me. Along with it was an attachment of a word document that he said was my letter of acceptance. I had never written or emailed any such letter of acceptance. Besides if he had wanted to demonstrate that I had emailed an acceptance, he could have forwarded this to my works email!

I will ring ACAS tomorrow. I have thought about writing to MD stating reasons for my leaving hoping he would panic, and just give reference to save himself a headache!

Redcliff, I don't know. I can't hide the fact I've done this job from any employer in health, social care or education. The new emoyer may accept a reference from another previous employer. I will speak to them, and explain what is happening. They know all about the company I work for, so it probably won't come as a surprise.

Of course they can't. This isn't slavery. Your notice period is set out in your contract. Just tell them your last working day and then never darken their door again.

I’d contact the new job and offer two previous references explaining the current situation. You’ll be fine

I'd resend the resignation letter to the person they told you to, dated the original date and with the same leaving date. Try to speed up the reference but meanwhile check out with the new employer whether they'd accept an alternative.

At the end of the day if you just leave they'd have to take you to court for breach of contract, and would be on thin ice without a written contract. I don't think most employers would bother even if they did have a clear contact.

Do you have any leave due you could use to cover an overlap? (Or formal TOIL system?)

And start a work to rule from tomorrow.

I would go on the attack to be honest. List the seemingly endless (!) ways they have broken employment law and say you won’t take this any further providing you are able to leave on x date.