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Resignation refusal

Edwina87
Posts: 13 Forumite
I've been suspended from work on 2 weeks full pay. I emailed a resignation letter to the company on the 11th day, it is now the 13th day and I have received a reply from them refusing my resignation stating
"we can’t unfortunately accept your resignation as you are currently suspended and there is an ongoing investigation taking place.
Until this investigation has been completed and any actions forthcoming have taken place then you will remain suspended indefinitely.".
What does this even mean? I want to leave this company, I have no plans to return, I don't care about references and I have actually found another job, which is due to start in 2 weeks.
Can they decline my resignation? I know I didn't send. Letter (i still can and will though)
"we can’t unfortunately accept your resignation as you are currently suspended and there is an ongoing investigation taking place.
Until this investigation has been completed and any actions forthcoming have taken place then you will remain suspended indefinitely.".
What does this even mean? I want to leave this company, I have no plans to return, I don't care about references and I have actually found another job, which is due to start in 2 weeks.
Can they decline my resignation? I know I didn't send. Letter (i still can and will though)
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Comments
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What do I reply?0
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Have you any outstanding pay ?
Is what you've done serious enough to warrant legal action ?
Might you ever want to work for them (or anyone they're associated with) again ?
Is your new job so watertight (despite having not told them the whole truth) that you're not likely to be looking for another role in the coming days/weeks which would need a reference ?
Realistically all these need certain answers before you consider how to respond to your current employer0 -
Must you provide them a certain amount of time for your resignation? Perhaps allow to them to refuse your resignation, while the investigation continues, and then as soon as the investigation is over, they'll either end your employment, or you can give them your resignation at that point?0
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The government website says that they cannot refuse to accept your resignation:
https://www.gov.uk/handling-staff-resignations
I guess they could try and insist that you come in to go through whatever disciplinary process they ask, but it doesn't seem that they have the option to say No to your resignation.0 -
Whilst unusual I have heard of a few firms doing this. It's upto them if they want to suspend you on full pay, although obviously it'd be odd for both them and your new employer to pay your NICs for the same period!
As Tanarif says, I assume they're carrying out whatever investigation during your notice period. But if it's a long drawn out affair which won't report for some months in the future that would be somewhat bizarre.Please be polite to OPs and remember this is a site for Claimants and Appellants to seek redress against their bank, ex-boss or retailer. If they wanted morality or the view of the IoD or Bank they'd ask them.0 -
What do I reply?
Ideally, get your resignation letter handed in personally at the company's reception, perhaps by someone else, asking for a receipt. If this isn't possible, then post it first class from two different post offices, getting a proof of posting from each. Don't send it recorded delivery, as they could refuse to sign and it will be sent back.0 -
I was suspended for gross misconduct, nothing that needs detailing. I just want to know yes or no weather, legally, they re allowed to refuse my resignation, as they have.
I have NO interest in working there or obtaining references from them...
I understand an employer cannot refuse a resignation, as I have looked at the website you proved, thanks cte1111 I just wonder if that applied to staff who are suspended.0 -
You've resigned and they've acknowledged receipt so you don't need to do anything else. You can just ignore it. I'd probably reply with the link cte1111's post.0
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I was suspended for gross misconduct, nothing that needs detailing. I just want to know yes or no weather, legally, they re allowed to refuse my resignation, as they have.
I have NO interest in working there or obtaining references from them...
I understand an employer cannot refuse a resignation, as I have looked at the website you proved, thanks cte1111 I just wonder if that applied to staff who are suspended.
There doesn't seem to be any exceptions. Are they a big company? It seems strange that they are so ill informed.
As other people have mentioned, if there is any criminal wrongdoing, then they are still able to pursue you legally but there is no way they can stop you resigning, as long as you follow the procedure in your contract. If no resignation period is mentioned, then you need to give 'reasonable' notice of at least 1 week.0 -
Here's an old thread on the same subject, which may prove useful:
https://forums.moneysavingexpert.com/discussion/5244733
Good luck in your new job and well done on finding another one so quickly.0
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