Handed in my notice yesterday. Had to give 2 weeks notice, but gave 4 due to being tired of the fact I had to keep it all hush hush.
Had a meeting with the boss today and hes said hes got a family friend who will be replacing me but wants me to leave after 2 weeks instead of 4. Do i have to do this?
Any help is muchly appreciated.
Comments
Depends on your contract. If the contract states 2 weeks, then the firm can insist on that unless a manager agreed to the longer period. If this was verbally stated and not written down, then ,of course you have the problem of proof if the firm denies agreeing to an extra notice period. The firm is only obliged to meet it's contractual obligations.
It begs the question of why you wanted the extra 2 weeks?. Does your new job not start until four weeks after leaving?
I'm no expert but I suspect that you don't have to do it.
If your contract says minimum 2 weeks then anything over that is a courtesy to your employer. I think that if they want to reduce it to 2 then they ought to pay you for the extra 2 weeks if they don't want you to work it. You are contracted to work until such time as either party wants to cancel the arrangement. If they cancel it then they are effectively sacking you.
thats my 2p worth anyway.
If they fancy paying me for not being here I'd love to leave early!
Im leaving to start Uni in September so have planned it all so that I have enough time to sort out the last minute bits, but still need the money from the last two weeks. Hes accepted it verbally but theyve got a bit of a history in being crap when people leave.
Resignation notice is always minimum times.
You can stipulate when you resign, you can give them 6 months notice if you want. They can't tell you to resign earlier. They can put you on "gardening leave" until your resignation date but get it in writing.
Ive had a look on DirectGov but doesnt really apply to my case so just thought id see if anyone has gone through it before?!
Cheers for your help guys, will have a word on Monday and fingers crossed stay for the 4 weeks.
How did you effect your notice? Did you put it in writing? If so what did you say?
If you said hnding in my notice and no more , then 2 weeks is all you can claim - if you said handing in my notice to finish on xyz date then that it is the date and they should pay you until then
If you just said it verbally, have alook at your contract - it would be unusual for it not to say "notice to be in writing". If you did it verbally then put something in writng now as to what you want your leaving date to be
You chose to give four then they could be countermanding that and giving you two weeks' notice to go. Do you think they have a right to do that?
In any case, I think you should have waited until you were handing in your notice two weeks before you wanted to leave.
no employment law is not equal in that respect. An employee can give notice for any reason he wishes. An employer can't.
An employer cannot give you 2 weeks notice just like that. not without consequences anyway
As said (again) the "Notice" time period is a MINIMUM not a definate period you have to give. You can give a lot longer notice if you wish. The government website says you have to state...."How much notice you are giving" and "What your last day will be". I.e when YOU are choosing to quit!
Employers cannot give you notice in the same way you resign (Unless you're a contractor and it in your contract which is not the norm) unless they are making you redundant (in which case you're entitled to a redundancy package) or they're sacking you (in which case they need to go through procedures).
i think too many presumptions are being made without knowledge of the terms and conditions of his contract
"It does, but I think they will need to give a reason for not employing him (i.e. disciplinary reasons). They can't just say "goodbye" unless he is still in his probationary period (which despite what contracts say is always a year)."
that is so incorrect its unbelievable.
in the end, if i was your boss id simply dismiss you now. that would suit my ends (u said he had a ready made replacement?). you lot going on about emloyment law rights...really get your head out of the clouds.
didnt anyone pick up on the fact the guy is just about to go to uni. he is therefore probably not a CEO with the benefit of rigid contractual terms.
most cogent comment on here was from Sagalout. he is right. look for equity in the absence of specific contractual terms.
i dont post on here much, just saw this guy was getting some seriously errorneous advice. im not being overly harsh, but if you dont know this things for sure, dont tell him pie in the sky about his employment rights.
errm but i do. i dont need to look at direct gov because i am a lawyer.
if you read my email, which was intended to be be helpful, i didnt mention a lack of a contract. i merely stated that the terms and conditions, on facts presented, are unlikely to be rigid. as in, i very much doubt he has anything less than basic rights. which, if his notice period is two weeks, means that if i was his boss, id simply dismiss him today. reason? do i really have to give one. country is in a recession. seems pretty cut and dried to me
also, he resigned. too early. so if the minimum period is less than his announced date, they can move it forward to the contractual minimum (which he stated was only 2 weeks)
WSS i didnt meant to appear rude or inconsiderate. i just was shocked to see some of the advice
thank you.
what i suppose i was getting at, and i concede i didnt make this clear, look at his potential right of action should he feel he has a grievance. its not the best time to be appearing before employment tribunals. policy dictates you have less rights at the moment, no matter what statute may say.
also when OP said "they have a history of being crap when people leave" i took this to mean that i doubt his boss is going to play 100% fair.
ok..well at least we have joined forces to come up with what i think is the best strategy. OP - if your boss insists on you leaving, then just say that you would like to withdraw your notice. i think thats probably the only thing you can do. then give it back at the right time. again, the most useful point of such a course of action is to make it harder for the company to behave in a way that doesnt suit you.
i really believe that if they insist he leaves, he has put himself in a difficult situation. interested to see how it pans out.