Wrongful Dismissal and ACAS

MCFC Wirral said:
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.
Click to expand...
The graveyard’s full of indispensable people.
 
Thanks for all the replies, to put it into context I’m a senior contracts manager dealing with contracts upto 2million. Iv worked with my employer for almost 17years and decided it was best to give 3 months in order to find a suitable replacement and do any handover required to help out. I thought (wrongly) they would be happy to give that amount of notice and continue or be put on gardening leave if they required it. I was going to be taking a job in a completely different sector as a career change, however after the way iv been treated iv accepted a job offer today that incudes a sizeable salary increase and less hours in the same sector. They will realise their mistake of not putting me on a longer notice period shortly ….
 
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...
Please advise her not to under any means.
Give them the required and no more.
 
middlewichblue said:
Thanks for all the replies, to put it into context I’m a senior contracts manager dealing with contracts upto 2million. Iv worked with my employer for almost 17years and decided it was best to give 3 months in order to find a suitable replacement and do any handover required to help out. I thought (wrongly) they would be happy to give that amount of notice and continue or be put on gardening leave if they required it. I was going to be taking a job in a completely different sector as a career change, however after the way iv been treated iv accepted a job offer today that incudes a sizeable salary increase and less hours in the same sector. They will realise their mistake of not putting me on a longer notice period shortly ….
Click to expand...

17 years is a decent stint mate. I get why you wanted to do right by them. 1 month notice is a joke for someone with that much company knowledge. Good luck in your new role.
 
middlewichblue said:
Thanks for all the replies, to put it into context I’m a senior contracts manager dealing with contracts upto 2million. Iv worked with my employer for almost 17years and decided it was best to give 3 months in order to find a suitable replacement and do any handover required to help out. I thought (wrongly) they would be happy to give that amount of notice and continue or be put on gardening leave if they required it. I was going to be taking a job in a completely different sector as a career change, however after the way iv been treated iv accepted a job offer today that incudes a sizeable salary increase and less hours in the same sector. They will realise their mistake of not putting me on a longer notice period shortly ….
Click to expand...
Take all the clients with you.
 
If there was no contact and start date with the new employer why would you resign? If there was is there not a breach of contract or were they approached to take you on early and you agreed to void it?

It all sounds haphazard. I am assuming it is in sales.
 
Citizen of Legoland said:
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

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
Click to expand...

I'm sorry, in what world is he 100% correct? As unfortunate as it might seem, his employer is spot on here. They are not 'dismissing him early', he has given notice, and they are honouring what they are meant to.
 
Coatigan said:
I'm sorry, in what world is he 100% correct? As unfortunate as it might seem, his employer is spot on here. They are not 'dismissing him early', he has given notice, and they are honouring what they are meant to.
Click to expand...
This bit in the CAB link …

“You can give more notice than your contract says, if you want - your employer can’t make you leave earlier. If they do make you leave earlier, this counts as sacking you.”
 
Citizen of Legoland said:
This bit in the CAB link …

“You can give more notice than your contract says, if you want - your employer can’t make you leave earlier. If they do make you leave earlier, this counts as sacking you.”
Click to expand...

They are not making him leave earlier though.
 
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.
Click to expand...

I just don't see how they are screwing him over. They are obliged to pay him one month, which is his notice. They are doing that. Whether he wants a one month notice, three months, or 10 years, matters not one bit. Unless they need him in which case he can negotiate and agree what suits him. But once he gives notice, it is no longer his choice.
 
Last edited:
middlewichblue said:
Thanks for all the replies, to put it into context I’m a senior contracts manager dealing with contracts upto 2million. Iv worked with my employer for almost 17years and decided it was best to give 3 months in order to find a suitable replacement and do any handover required to help out. I thought (wrongly) they would be happy to give that amount of notice and continue or be put on gardening leave if they required it. I was going to be taking a job in a completely different sector as a career change, however after the way iv been treated iv accepted a job offer today that incudes a sizeable salary increase and less hours in the same sector. They will realise their mistake of not putting me on a longer notice period shortly ….
Click to expand...

I'm sorry, but that just doesn't add up, the way you are wording it. You expected to be put on gardening leave? For 3 months? Might be far from the truth but the way both your posts read, is more you having an easy paid wind-down, than you looking to do them a favour. And the fact they aren't taking you up on it is probably telling too.

You (royal you) don't decide how long they will pay you once you give your notice. They are obliged to honour the minimum. If it is a month, it is a month. They may ASK you to do longer, and you may be kind enough to agree to that, whether it is to train staff, give time find a replacement, finish off a particular portion of a job or whatever. And it is admirable and to be applauded. But if they don't need that, it isn't your decision.
They are not forcing you out early. They are not doing anything wrong, really.
 
Citizen of Legoland said:
According to the original post they were. The OP offered 3 months and they were only paying 1 month, ie not accepting the extra 2 months offered.
Click to expand...

They have no need to. Employees don't decide how long their notice will be, the contract states it. They can accept to do longer to help if it is asked, but they can't unilaterally impose it.
 
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...

You can't 'give 6 months notice' that isn't how it works. You give notice. The length of it is stated in the contract.

She is no doubt putting their needs first, in which case the best thing to do might be to have a chat with them, let them know she is looking to leave, and ask how long they would want her for and go from there. If they say 6 months, she still doesn't give 6 months' notice, she still gives whatever is in her contract. They then ask to negotiate a finishing date, and she accepts it.
 
Citizen of Legoland said:
So you are saying Citizens Advice are wrong?
Click to expand...

Certainly baldly worded, at least. And wrong, if that is their intended interpretation. Which I doubt.

I.e 'they can't make you leave early' is relative to the contract notice period mentioned above, not to the notice period you decide to give.
 
You must log in or register to reply here.
Unread Posts

Don't have an account? Register now and see fewer ads!

SIGN UP
Back
Top