Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
Work

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

Original poster

Work changed my resignation date

35 replies

Amap · 20/12/2024 16:42

I'm leaving due to being treated poorly, I have been offered a better position somewhere else, it's a 4 week notice period but due to the start date at the new company I asked my work if they would accept 3 weeks notice, they agreed and confirmed my last day in writing, so then I confirmed my start date at the new company and signed the contract. I have now had someone higher up in management tell me that they need the full 4 weeks and they have told me I have to stay for the extra week. I can't. I've confirmed my start date in my new job and signed the contract. I'm leaving my old job and going straight into the new one.

Work are now telling me that I have to stay the extra week and that it's in my contract to give 4 weeks notice and if I don't they will take action against me.. but they agreed in writing my last day now they are telling me I have to stay a week longer. I've been a good employee for them for years and since I've handed in my notice I am being blamed for leaving them short staffed. I'm stressed.. can they take action against me if I leave on my planned date?

OP posts:
DelphiniumBlue · 20/12/2024 16:58

As they've confirmed it in writing, and you acted upon that, I can't see that they would have a leg to stand on. What action could they take?
I'd say that more of a worry is that they won't pay you what you're due.
Does the person insisting you stay the extra week know that the reduced notice period has been agreed in writing? Have they put anything further in writing or was the objection verbal? If it was just verbal, I would be tempted not to do anything at all, just leave on the date agreed.
If the objection is written, then I'd still leave on the previously agreed date but confirm it in writing ..."as agreed by xyz on x/x, Friday xth will be my last working day. I am unable to stay longer, and would point out that I agreed my new job start date on the basis of that agreement. I will of course be happy to leave handover notes/handover to team leader."

EauNeu · 20/12/2024 17:03

Just leave on the date they've confirmed. If they were very pretty they could try to take you to court for breach of notice but they won't get anywhere as you can show it's been agreed.

DaftyLass · 20/12/2024 17:05

You already have the date in writing, they can bluster all they want, but they had already given approval.
Congratulations on the new job!

OnlyMothersInTheBuilding · 20/12/2024 17:06

They don't have a leg to stand on, just make sure you keep copies of what they said in writing and leave on the original date.

Cerialkiller · 20/12/2024 17:06

Just ensure that you keep written proof of the first agreement. Email it to your personal email for example. Incase it goes anywhere in the future. Otherwise just go on the date you planned.

InSpainTheRain · 20/12/2024 17:16

I would just respond saying you have it in writing you final date is x, include a screenshot, and thats when you will leave. Send to the manager, include HR and you personal email so it us clear you are gathering evidence.

Plexie · 20/12/2024 17:17

Legally, an employer can't 'force' an employee to work. So they can't make you stay for the extra week.

I don't know what action they could legally take against you - possibly breach of contract and attempt to recoup any costs incurred due to you not working that week, eg additional cost of employing an agency person compared with what your salary would have cost them.

However as PPs have pointed out, if you have it in writing that they accepted the earlier date, then that will go against them. I can't see them taking legal action but it might be more likely that they play silly buggers and try to withhold your last salary. Is it a large company?

Oblomov24 · 20/12/2024 17:25

Hold firm. Reply as InSpain has suggested.

slightlydistrac · 20/12/2024 17:48

They have already confirmed it in writing. They cannot force you to stay another week. What are they going to do - turn up at your house or your new place of work, put you in an armlock and frogmarch you there?

If they try and take action against you, then you have physical proof of that letter they already sent agreeing to three weeks' notice. Taking action against you is an empty threat. What can they do - withhold your last pay packet? If they do that, then you can take them to court yourself.

I sincerely hope you have a printed copy of that letter at home, by the way.

HelplessSoul · 20/12/2024 18:02

Fuck em.

They cant make you work that last week.

Just do not respond to them, block and ignore - and best of luck in your new job.

Thats where your focus should be, not on the cunts you are leaving behind.

Neetra30 · 20/12/2024 18:15

Call in sick the last week

WillowTit · 20/12/2024 18:18

do you have any leave?
or just take unpaid leave

PestoPastaChaChaCha · 20/12/2024 18:23

Just explain that you resigned X date and your last day was agreed to be Y date. On that basis you agreed with new employer start date of Z. Unfortunately you cannot now change that but you’re happy to be called if your replacement has any questions once you’ve left. If current job really can’t cope you could tell new employer and I’m sure they’ll manage. Or maybe offer to do 2 days more and see if new employer can agree you start 2 days late. I don’t know what field you’re in but in my field it’s a small world and I always try to leave on good terms (failed miserably once) as you never know where your paths might cross again. It is a very short notice period - 4 weeks - so it’s surprising a week would make any difference to them. Congratulations on new role.

May09Bump · 20/12/2024 18:26

Is your new job subject to references still or has that been completed? If it hasn't they could refuse to provide a reference.

If you have your last day in writing from them, it's highly unlikely that they could take action for breach of contract as by issuing that letter they have agreed to release you earlier than your contact terms state.

Just reiterate they have confirmed your last date and that you will be sticking with that. If referencing is complete - I would be calling in sick with the stress of being threatened with legal action everyday in the three weeks left you have.

Harassedevictee · 20/12/2024 18:26

Unless you earn a fortune this is normally an empty threat. Given they have agreed your last day in writing you have reasonably made plans on the basis of this letter.

Ultimately they cannot force you to work.

getahhtmapub · 20/12/2024 21:10

PestoPastaChaChaCha · 20/12/2024 18:23

Just explain that you resigned X date and your last day was agreed to be Y date. On that basis you agreed with new employer start date of Z. Unfortunately you cannot now change that but you’re happy to be called if your replacement has any questions once you’ve left. If current job really can’t cope you could tell new employer and I’m sure they’ll manage. Or maybe offer to do 2 days more and see if new employer can agree you start 2 days late. I don’t know what field you’re in but in my field it’s a small world and I always try to leave on good terms (failed miserably once) as you never know where your paths might cross again. It is a very short notice period - 4 weeks - so it’s surprising a week would make any difference to them. Congratulations on new role.

OP do not offer to do anything after the word 'unfortunately'. Capitulating even a small amount indicates they are in the right and you are in the wrong.
In this instance being 'kind and helpful' is anything but.
The OP doesn't have to make a big deal out of it. It's the old employer who are threatening 'action' so isnt burning any bridges by sticking to the original agreement but could seriously piss off their new employer.

Elektra1 · 21/12/2024 14:05

What you have here is an estoppel. In law, an estoppel is "a shield, not a sword". So in the event that your current employer were to issue a claim against you in relation to not working the 4th week, your defence would be estoppel, and you would rely on the email in which you had it confirmed that you could leave after 3 weeks. Worry not. And good luck in your new job!

daisychain01 · 22/12/2024 08:03

Neetra30 · 20/12/2024 18:15

Call in sick the last week

The OP does not need to jeopardise their attendance record by calling in sick when they aren't sick and when they have a letter from their employer confirming acceptance of their departure date.

why do people use sick leave as an automatic response to solve random problems. Sick leave is an allowance for when you're sick - the clue is in the name!

daisychain01 · 22/12/2024 08:07

@Amap don't allow them to bully you when you've already agreed an earlier release and it's in writing. The senior manager is delusional, thinking they just have to say something and it magically happens.

You're leaving and the sooner they get the message and accept the reality, the better. You aren't their property and chattel to own and constrain.

PokerFriedDips · 22/12/2024 08:22

There's no realistic action they can tale against you. When you don't turn up the maximum they could do would be to launch a disciplinary process against you for being absent without leave, which would be stupid. If they could prove financial loss that was unequivocally yoir fault they could sue you but they couldn't succeed in either of these when you have agreement in writing that you can have a shorter notice period.

Message the arsey person saying "I was given agreement in writing that I could have a shorter notice period and my last day could be (date). I have acted in good faith on that basis and now have contractual commitments beyond that date and am no longer available."

Their only power would be to give yoi shitty references in revenge but if they do this you would definitely have grounds to take legal action against them as references must be truthful. Have the new company received references yet?

Oddsquadnumber1 · 22/12/2024 08:26

Don't offer to do anything, or try and take leave or unpaid leave (any leave would need to be approved so entirely pointless if they're saying they need you to work). Just leave. You have an agreed date in writing. They will not do anything

Sidebeforeself · 22/12/2024 08:29

Stupid sods. No wonder you are leaving

daisychain01 · 22/12/2024 08:31

Their only power would be to give yoi shitty references in revenge but if they do this you would definitely have grounds to take legal action against them as references must be truthful. Have the new company received references yet?

and in the unlikely event they are stupid enough to give an untruthful reference, the OP just needs to have a conversation with the new prospective employer, explain they are playing shenanigans over the release date, and that the OP has 10 years of unblemished service track record with their former employer. The new employer's HR dept will have seen it all before...!

StrictlyAFemaleFemale · 22/12/2024 08:31

Forward that email to your own address. Take screenshots too just to be on the safe side.

Mumofoneandone · 22/12/2024 08:34

Hold your nerve. Flag up that you already have it in writing that you can finish on a certain date.
If they behave badly towards you because of this, get yourself signed off for the rest of the notice period.