Wrongful Dismissal and ACAS

M M

middlewichblue

Well-Known Member
Joined
9 Apr 2018
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208
To cut a long story short, I handed in my notice last week and gave 3 months notice.

My contract says I only have to give one month. So in effect I have given more than required.

The following day I got asked to attend a meeting with my manager, he handed me a letter accepting my resignation but stating that I will only get paid for one months notice as per my contract. And I would also be PILON and on gardening leave for the next month.

I have read all over the internet that if I offer more notice than my contract states this has to be honoured and the only way out for my employer is to pay me the full 3 months PILON or send me on gardening leave for the notice I have given.

In effect they are in breach of contract and technically by bringing my notice sooner than I stated they are “sacking me”

My next steps is to write him an email confirming what he said and then inform ACAS , has anyone else dealt with anything like this?
 
Firstly, tread carefully here even though you are 100% correct. They may look for other reasons to dismiss you once they realise you are right including looking for historical reasons prior to your notice of your intentions.

It’s clear on the Citizens Advice website that they cannot dismiss you early solely on the fact you have given your notice.

If you really don’t want to leave before the 3 months then I would suggest discussing the facts, perhaps try face to face or telephone rather than email, that you want to help the business transition to a replacement employee (hence your giving extra notice period) and that you are 100% committed to the job in the meantime.

You only need to get 3rd parties involved if it becomes clear they are not listening.

www.citizensadvice.org.uk

Check your notice period when resigning

Find out how much notice you need to give when resigning and how to negotiate a reduced notice. You can also check what happens to your holiday entitlement.
www.citizensadvice.org.uk www.citizensadvice.org.uk

EDIT: Either this CAB wording is incorrect or I have misinterpreted it, apparently you are only entitled to your contracted notice period.

This is a good reason though why I never advise giving too much notice. Give the expected amount and let them negotiate it. But always try to keep it respectable and try to leave on good terms
 
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metalblue said:
I never knew this was a thing but why did you give them 3 months if you’re only contracted to give them 1? Just keep the letter for an extra 2 months.

I appreciate this particular horse has bolted but just seems a little unnecessary.
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I imagine he was trying to help them out so they could find a replacement and do a handover etc.
Then they screwed him over.
 
117 M34 said:
I imagine he was trying to help them out so they could find a replacement and do a handover etc.
Then they screwed him over.
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Sound like a poor company. If someone gave me 3 months notice I’d be seeing if I could persuade them to stay, you just never know, people do change their minds. All depends on the circumstances of course. But I’d certainly not kick them out.
 
Citizen of Legoland said:
Sound like a poor company. If someone gave me 3 months notice I’d be seeing if I could persuade them to stay, you just never know, people do change their minds. All depends on the circumstances of course. But I’d certainly not kick them out.
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There is no upside whatsoever to giving extra notice. You’d still try and persuade them either way to stay if you wanted them to. Them giving you extra notice isn’t going to suddenly make you feel this is a great employee we should keep, you’d already be thinking that.
 
metalblue said:
There is no upside whatsoever to giving extra notice. You’d still try and persuade them either way to stay if you wanted them to. Them giving you extra notice isn’t going to suddenly make you feel this is a great employee we should keep, you’d already be thinking that.
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Maybe his new job doesn't start for 3 months so he wanted to keep the money coming in, but still id have just waited 2 months then gave them the correct notice.
 
Scottyboi said:
Maybe his new job doesn't start for 3 months so he wanted to keep the money coming in, but still id have just waited 2 months then gave them the correct notice.
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Especially as new job might fall through etc.

This is a classic example of no good deed going unpunished
 
middlewichblue said:
To cut a long story short, I handed in my notice last week and gave 3 months notice.

My contract says I only have to give one month. So in effect I have given more than required.

The following day I got asked to attend a meeting with my manager, he handed me a letter accepting my resignation but stating that I will only get paid for one months notice as per my contract. And I would also be PILON and on gardening leave for the next month.

I have read all over the internet that if I offer more notice than my contract states this has to be honoured and the only way out for my employer is to pay me the full 3 months PILON or send me on gardening leave for the notice I have given.

In effect they are in breach of contract and technically by bringing my notice sooner than I stated they are “sacking me”

My next steps is to write him an email confirming what he said and then inform ACAS , has anyone else dealt with anything like this?
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Did your manager give you anything in writing regarding the company’s position? It could be that they know they are in the wrong and that’s why they are not putting it in print.
 
metalblue said:
There is no upside whatsoever to giving extra notice. You’d still try and persuade them either way to stay if you wanted them to. Them giving you extra notice isn’t going to suddenly make you feel this is a great employee we should keep, you’d already be thinking that.
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Depends on how quick it takes to get a replacement. 6 weeks minimum to allow for advertising, interviewing and waiting for their notice period. I agree there’s no benefit to the employee giving extra weeks but 12 weeks gives a bit of wiggle room to see why they’re leaving from the employer side. Always worth keeping things amicable, staff do sometimes return but they won’t if they’re not made to feel valued the first time.
 
Most organisations can soldier on without a colleague for a little while. We had no manager for two months somewhere but the MD supervised us and a consultant was part time interim. The basics got done.

Always give your required notice and no more.
 
Barcon said:
My wife is about to hand her notice in and plans on giving them 6mos notice in order to allow them to find somebody and to help train the new person.
I keep telling her that she's crazy and they wouldn't think twice about binning her off if it was to their benefit.
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I recommended to a former work colleague of mine a job where I currently work and she has accepted but has given 3 months notice as she says she has to train the new person up. "Not your responsibility" I told her.... but that's what she is doing.
 
I’ve forgotten the man’s name but someone did Garry Cook’s job on an interim basis when he was forced out of City. Businesses manage.
 
Barcon said:
My wife is about to hand her notice in and plans on giving them 6mos notice in order to allow them to find somebody and to help train the new person.
I keep telling her that she's crazy and they wouldn't think twice about binning her off if it was to their benefit.
Click to expand...
6 months training! Is it really that hard to milk moose ?
Or is it mooses ?
 
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