Can my boss force me to give a leaving date now they know I'm planning on leaving?

victoria1978

Hi everyone, I hope someone can give me some advice on the following.... Last month I found a new job, I have accepted the job however cannot start the new job until my CRB check comes back. I asked my current employer how much notice I had to give as I was unsure, she told me it would be a weeks notice required. When she realised I was planning on leaving she told me to put it in writing but to say I will be confirming the leaving date later on when my CRB comes back and I have a start date for my new employment so I did as she asked but clearly stated in my resignation letter that I will confirm my leaving date when I am made aware of it. She is now putting pressure on me to give her a leaving date - but I havent recieved my CRB back yet so cannot start my new job. Can she force me to leave on the basis that I put it in writing that I'm planning on leaving in the near future?? Any advice would be gratefully received!! many thanks!!!

an9i77

She can't force you to give a date, but you haven't really resigned unless you give a date on which your resignation takes effect. If you've been there for less than a year (soon to be two) they could give you notice, in which case you wouldn't need to resign at all. But assuming that's not the case, I'd say your resignation is pretty meaningless without a date. What did your letter of resignation actually say?

victoria1978

I just said to her that I was confirming as required that I intend to resign from my post but will be confirming a leaving date in due course and I will give her the required one weeks notice. Ive been there a year at the end of January so by what you have just said she could give me notice? Many thanks for the quick response by the way!! x

an9i77

I would argue that you haven't really resigned yet then, you've just told her that you intend to do so in the near future. In theory, yes she could give you notice as you havent' been there a year and therefore don't have the full protection against unfair dismissal. Unless there's a particularly compelling reason, I'd say it's never a good idea to resign unless you have a definite date in mind and preferably not before you have to, particularly when there are pre employment checks to be completed by the new employer which mean your new employment is not 100% guaranteed in any case. But even if your pre employment checks go ok, your old employer is now in a difficult position as they know you want to leave, but not when - this can create a bit of tension during your final days. To answer your question, in my opinion your employer cannot enforce your resignation at this point, as in my opinion you've not really resigned yet - but they could if they really wanted you out give you notice which would mean you'd have to leave before you were ready to start your new job.

victoria1978

Yes I see your point, ok many thanks for your help. I think I will stand my ground for as long as I can as I obviously need to be employed for as long as possible!!

t0rt0ise

YOu should have said "I'll let you know when I'm sure I'm leaving". Before that it's none of their business.

scheming_gypsy

It works both ways though. you've told them that you're leaving so they know they need to replace you, if you keep telling them that you can't give them a leaving date then they can't get a replacement. They can't get a replacement in early as you haven't resigned yet, so if your job offer gets pulled you won't resign and they'll have two people.


and if you've not been there a year she could probably find a way to sack you if she really wants a leaving date.

heretolearn_2

Why did you try to resign before you knew when?

Personally, as an employer, I wouldn't accept this either, you are just messing them about. You either resign or you don't, you can't be so vague about your intentions. and it's not really down to you to dictate your leaving date either...if your leaving notice is one week, then it's one week from when you resign. You can't insist on a longer notice period. If you were my employee you'd be out in a week's time. I can't be doing with having someone who might or might not possibly be leaving at some point in the near future. If you want to go, then go. Your employer is actually being quite nice still trying to be flexible about this so I think you really need to set a date and live with the consequences of any gap.

Really you shouldn't have done anything at this stage. If you don't want to leave yet, don't resign!

LittleVoice

heretolearn wrote: »

Why did you try to resign before you knew when?

Personally, as an employer, I wouldn't accept this either, you are just messing them about. You either resign or you don't, you can't be so vague about your intentions. and it's not really down to you to dictate your leaving date either...if your leaving notice is one week, then it's one week from when you resign. You can't insist on a longer notice period. If you were my employee you'd be out in a week's time. I can't be doing with having someone who might or might not possibly be leaving at some point in the near future. If you want to go, then go. Your employer is actually being quite nice still trying to be flexible about this so I think you really need to set a date and live with the consequences of any gap.

Really you shouldn't have done anything at this stage. If you don't want to leave yet, don't resign!

I'm sure you wouldn't have resigned until you had a date and would probably have left it till the last possible day to do so.

However, the OP was unsure of how much notice was to be given and wanted to do the right thing (ie not walk out without giving full notice as many posters on here want to do when it doesn't suit them to give proper notice). Unfortunately their way of establishing how much notice had to be given led to further questioning which they answered honestly rather than brushing it aside.

We don't know but the reason they didn't know what notice was required could have been because their employer had not provided them with the written particulars to which they are entitled and which would give the information. You, as an employer, would obviously not have failed in that regard but many do.

Uncertain

heretolearn wrote: »

Personally, as an employer, I wouldn't accept this either, you are just messing them about. You either resign or you don't, you can't be so vague about your intentions. and it's not really down to you to dictate your leaving date either...if your leaving notice is one week, then it's one week from when you resign. You can't insist on a longer notice period. If you were my employee you'd be out in a week's time. I can't be doing with having someone who might or might not possibly be leaving at some point in the near future. If you want to go, then go. Your employer is actually being quite nice still trying to be flexible about this so I think you really need to set a date and live with the consequences of any gap.

Sorry but this makes no sense at all!

The part I've highlighted in red applies to every employee in all companies at all times!

Actually, I think it is the employee who is being helpful here. He or she is giving the employer advanced warning that they are likely to be leaving. This gives them more time to plan than if a week's notice is suddenly sprung upon them.

As for "If you were my employee you'd be out in a week's time" well assuming the OP has been employed for more that a year this would be a sure fire way of ending up on the wrong end of a claim for unfair dismissal.

scheming_gypsy

Uncertain wrote: »

Sorry but this makes no sense at all!

The part I've highlighted in red applies to every employee in all companies at all times!


Actually, I think it is the employee who is being helpful here. He or she is giving the employer advanced warning that they are likely to be leaving. This gives them more time to plan than if a week's notice is suddenly sprung upon them.

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the employee isn't being that helpful as they're saying they might be leaving but might not and if they are then they can't say when.
If the CRB comes back as unacceptable then the job offer will be pulled so they won't give a notice date.
That means the employer can't start looking for a replacement as they can't give a start date. If they do find somebody then they might have to keep changing the start date or withdraw that offer

so although it might seem helpful that they've said they might be leaving soon, it doesn't really help anybody.