Off Topic Handing in your notice

[Comfy]

I'm not upto law or general rule on handing notice in at work and was hoping some of you will know more than me. Our lass handed her notice in to finish on 29/06 and her boss said he's not accepting it and ripped it up. Now I've told her It doesn't matter what he's done or says if you've give him correct notice then you can still go on that date. Is this right

 

[rowley]

I'm not upto law or general rule on handing notice in at work and was hoping some of you will know more than me. Our lass handed her notice in to finish on 29/06 and her boss said he's not accepting it and ripped it up. Now I've told her It doesn't matter what he's done or says if you've give him correct notice then you can still go on that date. Is this right

I'd imagine it would depend on any notice period. It could be a week or a month.

But there will be one, and a petulant tearing up of a letter won't change the fact . Check her notice term, give him another letter, show him the copy she has kept, and let others have a copy with the initial date on.

Sounds like she is well out of it if he can behave like that .

Not a lawyer or owt, but that would be my route.

 

[Essayyeffcee]

Found this on the interweb

Your employer cannot refuse to accept a resignation which is clearly and validly given. You should though, check your contract of employment to see if provides for your resignation to be submitted in a certain way, for example, in writing, and if so you should follow this, otherwise it may not be valid.
https://landaulaw.co.uk › resignation
Resignation at work- employment lawyers - Landau Law

 

[Comfy]

I'd imagine it would depend on any notice period. It could be a week or a month.

But there will be one, and a petulant tearing up of a letter won't change the fact . Check her notice term, give him another letter, show him the copy she has kept, and let others have a copy with the initial date on.

Sounds like she is well out of it if he can behave like that .

Not a lawyer or owt, but that would be my route.

She gave the correct notice of time and I think youre right she is better off out of it. Cheers

 

[Comfy]

Found this on the interweb

Your employer cannot refuse to accept a resignation which is clearly and validly given. You should though, check your contract of employment to see if provides for your resignation to be submitted in a certain way, for example, in writing, and if so you should follow this, otherwise it may not be valid.
https://landaulaw.co.uk › resignation
Resignation at work- employment lawyers - Landau Law

Cheers

 

[Oliver's Army]

Tearing up the letter by her boss shouldn't matter. As long as she has submitted it to HR department and it's in line with the T&Cs of her employment contract then he can **** off. If she has any leave/holidays then they should pro rata that and she could leave sooner than the 29th.

Edit: by 'leave sooner' I mean she wouldn't have to go into work, but the 29th would still be end of contract.

 

[Daz]

Sounds like David Brent, some people are proper arseholes like but yeah as long as it follows company policy he can’t do a thing about it.

Sounds like she making the right decision mate.

 

[Comfy]

Thanks all, you just proved what I thought was correct. Just got to get it through to her as she's very quiet and won't say anything

 

[Oliver's Army]

Thanks all, you just proved what I thought was correct. Just got to get it through to her as she's very quiet and won't say anything

If it's worrying her that much mate she should just book off sick. Plenty do it, example: end of contract 29th, minus leave so last day at work is 21st but they are off sick from the 10th. Sod the manager, he sounds like a tit.

 

[LD19SAFC]

Slightly off topic but the one thing I was told when leaving one job for another - “Elsewhere you’ll just find problems and faults that are different to the ones you’ve had here, but will affect you just as much”. Absolutely bang on. Sort of wish I’d stuck it out…

 

[safcyellowbelly]

Comfy

I’ve pm’d you mate - I am an employment lawyer.

Simple terms - she’s handed her notice in - job done. Have a few suggestions though to build her evidence and can explain the risks for her (minimal).

 

[Oliver's Army]

Comfy

I’ve pm’d you mate - I am an employment lawyer.

Simple terms - she’s handed her notice in - job done. Have a few suggestions though to build her evidence and can explain the risks for her (minimal).

Boom. There we gan. Great stuff, hope it all works out well for Mrs Comfy and she enjoys her new job.

 

[safcyellowbelly]

Comfy - for some reason the pm not working - can you pm me and I’ll try and reply

 

[Oliver's Army]

Comfy - for some reason the pm not working - can you pm me and I’ll try and reply

Possibly a full inbox @Comfy

 

[safcyellowbelly]

**** it

1. She has the right to terminate her contract by giving notice. The amount of the notice period is set by the contract. If she doesn’t have a contract minimum implied period 1 week.

2. He doesn’t have to “accept” her notice - equally once sent she generally can’t rescind it.

3. If he has ripped it up - send a copy by email “Dear Cock - please find attached a copy of the letter of resignation I handed to you on [date]. I’m sending you this copy as you deliberately destroyed the earlier version. Please acknowledge receipt. Mrs Comfy”

4. He might play silly games and try and deduct from her final wages. If he does go directly to ACAS and threaten a wrongful deduction from wages claim, add to that anything else you can think of - including a claim for not providing a contract in writing

5. ACAS should sort it - if not issue a claim - it’s free and he’s going to lose , probably pay lawyers, he won’t recover costs.

hope this helps

 

[Dunder Mifflin]

I left my job of 11 years not long ago. Told them my intentions, they refused to let me give 3 weeks notice even though I knew people had given less in the past. They wanted 5 weeks. i reluctantly agreed.

I “worked” 3 weeks then put in sick for the final 2, which they paid me for.

Thanks a bunch for the extra 2 weeks pay.

 

[The Exile II]

Mine's all a bit fiddly.

I've been going for interviews for a few months since I decided I was leaving the RAF. Just for a bit of practice cause it's difficult to get a job, right? Wrong. Second interview, bang, job offer. Early Termination applied for. Leaving date agreed with unit, I start on the 22nd August. Admin is dragging it's heels though and I'm still waiting for confirmation of the date a month after the application was put in. I've already told them I'll leave a pile of kit and an ID card at the main gate if I have to.

 

[Oliver's Army]

Mine's all a bit fiddly.

I've been going for interviews for a few months since I decided I was leaving the RAF. Just for a bit of practice cause it's difficult to get a job, right? Wrong. Second interview, bang, job offer. Early Termination applied for. Leaving date agreed with unit, I start on the 22nd August. Admin is dragging it's heels though and I'm still waiting for confirmation of the date a month after the application was put in. I've already told them I'll leave a pile of kit and an ID card at the main gate if I have to.

If you have sent it to the admin lot and you have a set period of time in your contract then that's their problem isn't it? Up to them to sort their **** out.

 

[The Exile II]

If you have sent it to the admin lot and you have a set period of time in your contract then that's their problem isn't it? Up to them to sort their **** out.

Definitely. We joke that the organisation spends years basically telling you to **** off, but when you decide that you are, it desperately wants to keep you.

 

[Comfy]

Comfy

I’ve pm’d you mate - I am an employment lawyer.

Simple terms - she’s handed her notice in - job done. Have a few suggestions though to build her evidence and can explain the risks for her (minimal).

Cheers mate