Handing in notice

rmg1

Hi all

I'd appreciate some advice on this one,.
My other half has a new job but doesn't start until the 8th of April.
She's told her line manager on the quiet but hasn't officially handed in her notice as yet.

The big boss is now trying to force her to hand in her notice now so her week's notice starts immediately and she's out of a job between now and then (I know it's only a couple of weeks but money's tight).

Can he make her hand in her notice now or does this count as redundancy?

I think it's redundancy and she'll need to be paid but I'd like to double check.

Links to official guidelines, etc would be appreciated.

bryanb

The boss can't make her give notice under any circumstances.

rmg1

I didn't think so but she works for ..... I won't say what I actually think of them here.
If they force her out, is that constructive dismissal?
I'm just wanting to get well-armoured for any legal fights that break out.

Takeaway_Addict

bryanb wrote: »

The boss can't make her give notice under any circumstances.

No but if the OP has not worked there for 1 year (if employed before Apr 6th 2012, or 2 years after that date) they could just sack her with one weeks notice but its unlikely

AP007

Note - never tell anyone you are leaving till you resign!

InsideInsurance

How long has she been in the job?

In the first 12/24 months (depending on when she started) you can be dismissed without having to give reason and so it wouldnt be redundancy and you're unlikely to say its constructive dismissal either.

If it is over that period then the only way they can get rid of you is via redundancy or a disciplinary and both of these will take longer than the time left

rmg1

She's been there the best part of 3 years. (she's also the longest serving receptionist).
So it looks like either redundancy or disciplinary.
They won't do the former as they hate spending money and she's always been an exemplary employee so disciplinary is highly unlikely.

AP007

rmg1 wrote: »

She's been there the best part of 3 years. (she's also the longest serving receptionist).
So it looks like either redundancy or disciplinary.
They won't do the former as they hate spending money and she's always been an exemplary employee so disciplinary is highly unlikely.

disciplinary.? What for?

If the company want the person to leave early they have to give notice to the person but since they have been there 3 years that will be hard as they have not formally resgined yet so they will have to sack them.

rmg1

Exactly! There's no chance of a disciplinary.
And I've just found out they can't make her redundant as the position will need to be filled by someone else.

The only thing I can think of is they give her a weeks notice instead of the other way around and she's out of cash for two weeks before the new job starts.

Reggie_Rebel

I can't see the problem. The employee wants to leave and has found a new position. The employer needs to replace her, doesn't want to pay for two employees doing the same job and wants to get a long term replacement in as soon as possible.

The only fault lies with your OH for telling her line manager she is off before she needed to.

Lesson learned there.

AP007

Reggie_Rebel wrote: »

I can't see the problem. The employee wants to leave and has found a new position. The employer needs to replace her, doesn't want to pay for two employees doing the same job and wants to get a long term replacement in as soon as possible.

The only fault lies with your OH for telling her line manager she is off before she needed to.

Lesson learned there.

They dont have to pay two people for the same job , ones leaves and one starts.

If the notice is one week either way then they are silly for letting on that they were going to leave.