Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Work

Chat with other users about all things related to working life on our Work forum.

Flip

1 2

Original poster

Employer has changed resignation date.

33 replies

russetbella1000 · 24/10/2021 20:12

Hi
Any HR specialists here please..?

I work part-time 2 days a week (Monday and Tuesday) I am due to start a new job Monday 15th November so on my resignation letter said that my last date of employment with the company would be Sunday 14th November. I always thought you were allowed to state any date as long as you had fulfilled terms of the contract etc.

I have just received my acceptance from my employers and it states that my last date of employment would be Tuesday 9th November. Obviously this will be my last day in the office but I had stated the day before my new employment as my last day employed so in a way I am continuously employed with either one or other company.

Am I just being really pedantic? I have given more than the stipulated notice and have no more holiday but just thought putting last day with one employer the day before new employment starts made sense.

My main point is will it make any difference to my pay to put 9th instead of 14th...If it doesn't then I'm not sure why they've bothered to change it. And if it does am I right in thinking I should ask them to change it as it would not be beneficial to me.

OP posts:

MintJulia · 24/10/2021 20:21

When did you resign, and how much notice did you have to give?

If you have 1 month's notice and you resigned on Oct 9th, then I imagine you'll be paid until the 9th Nov.

Lougle · 24/10/2021 20:27

The last day you work will be the date you leave their employment, won't it? How does it make any difference if you give a date that includes non-working days?

Hunderland · 24/10/2021 20:50

It doesn't make any difference, you would usually put your last actual day of work with them.

MrsFin · 24/10/2021 21:03

They are right. You are wrong.
You are contracted to work Mondays and Tuesdays. You don't work Wednesdays, Thursdays and Fridays, therefore the Tuesday is your last day at work.

Viviennemary · 24/10/2021 21:07

Your contract of employment should finish on your last working day with them. Unless you had holiday leave to add on.

2pinkginsplease · 24/10/2021 21:08

Your last working day is the 9th so that’s the day your contract ends. You can’t just add a date that you don’t work on.

You’re being pedantic! It makes no difference.

ChicCroissant · 24/10/2021 21:14

Your last working day is the Tuesday - that is your leaving date. That still counts as being continuously employed on your working days between employers.

flowery · 25/10/2021 04:29

You are right, they are wrong. An employer cannot unilaterally bring forward the termination date of an employee who has resigned. Your last working day and your termination date don’t have to be the same day.

However, in this case it will make no difference at all, so honestly I wouldn’t worry about it.

WeAreTheHeroes · 25/10/2021 04:34

No - the OP is wrong. Her last working day with the employer is the date her employment ends.

flowery · 25/10/2021 04:40

@WeAreTheHeroes

No - the OP is wrong. Her last working day with the employer is the date her employment ends.

Show me anywhere in legislation or case law establishing that an employee’s termination date can only be a working day.

over2021 · 25/10/2021 05:12

@flowery

However, in this case it will make no difference at all, so honestly I wouldn’t worry about it.

This. I work in a sector where it is usual for last day of employment to be a Sunday to ensure continuous service is not broken.

Ask HR to change your last day to 14th OP, will make no difference to them as you will only be paid up to 9th.

redtshirt50 · 25/10/2021 05:17

I think you're worrying over nothing

Couldhavebeenme3 · 25/10/2021 07:00

I work back-office in a school. It is very widely accepted that staff working term-time only who are starting a new job at the start of a new term, will resign with effect from the last day of the holidays before. Eg start new job in September, resignation effective 31/8, paid and contracted until then.

I've even known people to hand in their notice on 3/8, two weeks INTO the summer holidays, and their contract ends on 31/8.

SuperstitiousMagpie · 25/10/2021 07:43

Just out of interest, why does it matter about being continuously employed? I have always had a week or two break between roles (I like a holiday 😂) and it's never been an issue.

over2021 · 25/10/2021 11:40

@SuperstitiousMagpie

Just out of interest, why does it matter about being continuously employed? I have always had a week or two break between roles (I like a holiday 😂) and it's never been an issue.

Depends on your sector but in mine your continuous service years would count toward redundancy - I have ten years with my current employer, 3 years with an employer before them so if I started a new role next week and got made redundant in 6 months it would make approximately a £7,500 difference!

SuperstitiousMagpie · 25/10/2021 13:01

Ahh I see! I'm a nurse, so no danger of redundancy around here 🥴

BendingSpoons · 25/10/2021 13:09

I work in the NHS in a M-F role. We are advised to put the Sunday as the leaving date. Although you can have a week between jobs and it still counts as continuous service. I don't know if it impacts pay to change your date, as you have worked a smaller proportion of the month.

TeenMinusTests · 25/10/2021 13:09

We had things like 'death in service' benefit.
You wouldn't want to die between the two employments.

PegasusReturns · 25/10/2021 13:13

You are right they are wrong.

It can make a difference, albeit small, in relation to medical coverage, death in service etc.

FunnyInjury · 25/10/2021 13:18

Over were you TUPE'd from one employer to another? Or are you saying that your contract states continuous employment from your previous employer?
I'm intrigued as I've never heard of this before!
I suppose if a company headhunter you they could offer this as a benefit to you as an enticement, but I'm wondering how legally enforceable it is if it was a statutory redundancy situation.
Just curious

HouseOfFire · 25/10/2021 13:19

@over2021 Mon 25-Oct-21 11:40:53
@SuperstitiousMagpie

Just out of interest, why does it matter about being continuously employed? I have always had a week or two break between roles (I like a holiday 😂) and it's never been an issue.

Really? so if you worked at Sainsburys, and then moved to the 'Post Office' (obviously I dont know where you work) the 'Post Office' would count your time at Sainsburys as continuous?

Thats not how it works in virtually any other place. Continuous Service is only in the SAME company

ChocolateDeficitDisorder · 25/10/2021 13:22

I've just a local authority job to start an NHS job and the HR at the council gave the Sunday of my last week as the end date - I worked in a school, there was never any weekend working.

BluebellsGreenbells · 25/10/2021 13:22

How does it make any difference if you give a date that includes non-working days?

Death in Service benefit? DH also get Bupa cover - should something happen ‘in between’ jobs I’m not sure what happens?

NotAnotherPushyMum · 25/10/2021 13:23

@FunnyInjury

Over were you TUPE'd from one employer to another? Or are you saying that your contract states continuous employment from your previous employer? I'm intrigued as I've never heard of this before! I suppose if a company headhunter you they could offer this as a benefit to you as an enticement, but I'm wondering how legally enforceable it is if it was a statutory redundancy situation. Just curious

Teachers move employers all the time but their service counts as continuous.

HouseOfFire · 25/10/2021 13:26

@NotAnotherPushyMum thats really interesting, i had no idea

Flip

1 2

Swipe left for the next trending thread