Can my employer refuse to accept my resignation while I am under investigation?

Alex1978

I have recently been suspended from work on full pay pending an investigation into gross misconduct. I have since emailed my general manager firstly to resign with immediate effect which was refused. I then emailed my resignation stating I would continue employment until my contractual period of notice was over, this was also refused. The reasons given were that due to the seriousness of the allegations against me they were unable to accept my resignation. Where do I stand as I dont want to stay employed with this company?? Please help.

Marktheshark

Yes they can refuse as you used E-mail which is not a legal way of serving any notice or document.
You need to put in writing, noting your contractual period and stating your last day under the contract of employment will be XXXX.

Marktheshark

Example : Notice of termination of Contract of Employment :
Under the terms of Contract of employment I XXXXXXX serve the statutory notice this day (Allow one day for post) that under the stipulations of the contract notice period I shall terminate my employment which shall deem the last day of employment to be the date XXXXX.
Signed
date.

Recorded delivery post
NOT E-MAIL !

sinizterguy

If your contract does not stipulate that you cannot resign (or have an altered notice period) when under investigation, then they cannot refuse to accept your resignation - if given in writing.

anamenottaken

Marktheshark wrote: »

Yes they can refuse as you used E-mail which is not a legal way of serving any notice or document.
You need to put in writing, noting your contractual period and stating your last day under the contract of employment will be XXXX.

Not sure why you say it is not legal as a method of giving notice.

However the OP's contract may include clause relating to how notice must be given. If it says "in writing" then I think it would be found that email is legitimate.

Whilst acknowledging an "immediate" resignation would not have to be acccepted if the employee has been working for them for more than a month, they cannot refuse to accept a resignation giving proper notice, just as an employee cannot refuse accepting a properly delivered dismissal notice.

If they have attempted to reject the email giving proper notice but have done so in writing (eg by email), then they have acknowledged receipt of that notice. If they attempted to refuse to accept the notice during a phone conversation then, of course, it would not be easy for the OP to prove the email notice was actually received.

Alex1978

Marktheshark wrote: »

Yes they can refuse as you used E-mail which is not a legal way of serving any notice or document.
You need to put in writing, noting your contractual period and stating your last day under the contract of employment will be XXXX.

Does it matter that I am currently under investigation for gross misconduct and also am I allowed to ask for a copy of my contract as I dont have my own copy and I am unsure of the contractual period of notice that I need to give?

Marktheshark

anamenottaken wrote: »

Not sure why you say it is not legal as a method of giving notice.

Best not to comment until you do, it is not, it has to be in writing and signed, like all legally served documents.

MataNui

Your getting some crap advice so far.
No they cannot refuse. further they cannot refuse to accept your immediate resignation if that is what you choose to do. Being under investigation makes no difference at all.

Email counts as written in the eyes of the law so again the advice on that is crap and unless your contract specifically says 'written' you can simply tell your boss you quit.

You are perfectly entitled to send an email stating you resign with immediate effect and you will finish at the end of the day. If they make a fuss simply point them to gov.uk. Do a bit of googling and you will find a ton of resources.

Undervalued

Marktheshark wrote: »

Best not to comment until you do, it is not, it has to be in writing and signed, like all legally served documents.

Nonsense!

There is no absolute requirement for it to be in writing at all. Giving notice verbally would be just as valid although obviously could be harder to prove if there was a dispute.

There are very few things in English law which are only valid in writing and / or signed and this is not one of them.

Ultimately a firm cannot refuse a resignation. Providing the OP gives the required notice there is nothing the firm can do. If he does not, and the firm suffers a direct financial loss as a result, then they might have have a claim against him for those losses.

Obviously any reference could say "resigned whilst under investigation for possible gross misconduct" as this would be a statement of fact.

tomtontom

OP are you in a regulated industry, or could you be subject to professional conduct or criminal proceedings? If so, there is good reason why they will continue with the investigation (whether you actively contribute or not) - but that still does not stop you resigning.

Ignore the comment about email not being an acceptable means of resignation - it is nonsense.

Alex1978

Marktheshark wrote: »

Yes they can refuse as you used E-mail which is not a legal way of serving any notice or document.
You need to put in writing, noting your contractual period and stating your last day under the contract of employment will be XXXX.

tomtontom wrote: »

OP are you in a regulated industry, or could you be subject to professional conduct or criminal proceedings? If so, there is good reason why they will continue with the investigation (whether you actively contribute or not) - but that still does not stop you resigning.

Ignore the comment about email not being an acceptable means of resignation - it is nonsense.

I work in the Casino industry and have just spoken to an advisor at ACAS who have advised me they can refuse my resignation pending discaplinary action if they believe it will lead to dismissal.