Resigning earlier than notice

[Ilovemyshed]

Any HR experts? What happens if you are supposed to give a months notice, say, but give three instead. Is your employer obliged to keep you on until your chosen leaving date?

How long have you been employed, OP? More than 2 years?

No they aren't. Technically by giving short notice you've broken the contract. The employer will usually just accept the breach and not pay you for the final week. This is pretty basic, so im not sure what you are asking really.

Hi I think i misread you post based on its title. If you tell your employer early that you intend to trigger your contractual notice period later, then they could counter by giving you the contractual notice of one month. This could potentially amount to unfair dismissal as it's difficult to see what fair reason they have. But it may not be unfair if they have a substantial reason. It's difficult to say from what you've posted. Can you just have a chat with them? After all you're not obliged actually to give early notice, you could just explain your plans and intentions? Some employers would be grateful for longer notice.

1 year 11 months

Yes, to be clear “giving a longer notice period than required”. So I’ll stick to giving a month then. Just wanted to understand my rights if they decide to lose me prior to when I really want to go. And no, I can’t talk to them.

Employment solicitor here.

You are entitled to give more than one month’s notice. The notice period is the minimum you must give. So, in theory, you could give a years notice.

As some have said, that doesn’t stop your employer dismissing you in that period. However, if you have two year’s service, they must have a fair and lawful reason (conduct, capability, redundancy, etc…) and follow a fair process when doing so.

if I’ve been working for a business for one year and decide to give a year’s notice (rather than one month in my contact), the employer could say, fair enough, but as you’re not committed to working here, you’re sacked on one month’s notice.

That would be more difficult for the employer if I had two years’ or more service. However, the could still potentially fairly dismiss for some other substantial reason (as it’s called in law) stating that my lack of commitment to the job (eg that they didn’t want to spend a year investing in me with training, experience, etc..) when I’ll leave at the end of that year.

So I don’t think you’ve got a lot to gain by giving a longer notice, but if you are, I would wait until you’ve got two years’ service before doing so.

Hmm. I think that changes things then. I'm not an employment lawyer, but if you have under 2 years' service, it is my understanding that they can dismiss you for any reason. So I guess they could give you your notice and let you go.

Not exactly sure where you stand if the notice period then takes you over the 2 years, but I imagine that the date on which they dismissed you would be the relevant one.

Is there any reason why you can't just plan to leave but give notice nearer the time?

A lot will probably depend on the relationship that you have with your employer. I have had a few people give early notice of their intention to leave, and I'm usually really grateful for it as it helps with our planning. I wouldn't dream of penalising someone in such circumstances, nor would I want to generate extra work for myself by going through a dismissal process. But all employers are different so you need to be cautious.

X post with @Shimoo2 who clearly has much more relevant experience than I do, so you can disregard my post!

Thank you.

We let someone resign with a months notice but as she was so accommodating and stayed for six months we gave her a bonus which wouldn’t usually have been payable within a notice period.