Resignation rejected!?

JMH456

7 days ago my employer confirmed on email they'd accept my resignation with immediate effect, now I've resigned and excersized what I thought was a right they've refused to accept it.
I'm currently under investigation for gross misconduct but I've accepted a new job, this process started well before their investigation and my employer knew I wasn't happy and wanted to leave.
Does anyone have any advice?

steampowered

How long is your notice period? If there is nothing in your contract it will only be a week.

Can your new employer wait?

Andy_L

With the exception of a few niche jobs (such as the Army for whom lots of employment law doesn't apply) an employer can't refuse to accept a resignation and, realistically, can't do much if you just don't turn up

"An employer can’t refuse to accept someone’s resignation and they must follow certain procedures.
When a member of staff resigns you must:

get them to confirm their resignation in writing
tell them what their notice period is
agree when their last day at work will be
confirm whether they should work all or part of their notice period"

https://www.gov.uk/handling-staff-resignations

Ozzuk

Are you aware that even if you resign that doesn't stop any ongoing investigation? You could try and negotiate leaving on good terms asking them not to investigate but it sounds too late for that.

Any reference could state left pending investigation for gross misconduct.

TBagpuss

What specifically is your employer saying?
Are they saying that your notice period has not yet expired so you cannot sart a new job?
Are they saying that you cannot leave?
Are they saying that the investigation into your alleged misconduct is coninuing despite your having resigned?

If you left without working your notiuce perio then you may be in breach of contract and could be sued for any direct losses (such as temp. cover) they incur as a result, although o coruse if you have any evidence that they initially accepted your resignation and agreed you would not work your notice then that could be a defence, and it would be unusual for an employer to seek to pursue a claim.

If they are saying that your resignation has not stopped the misconduct investigation then they are perfectly entitled to do that, unless you had a setlement agreement with them in whic hthey agreed not to pursue it.

If they are saying you can't leave then they are (unless you are in the Army or other excpetions apply) wrong, either party to an employment contract can serve notice to end it.

What right are you seeking to exercise and what do they have to do with it?

Is your new job with a competitior, and are they cliaming that you are in breach of a restrictive covenent in your contract and not enitled to take up the new job?

silvercar

I doubt they can unaccept a resignation.

I would just continue with your plans for the new job.

Energize

They can't rescind their earlier acceptance of your resignation, it's there in writing. Just ignore them and continue on.

Majestic12

As above, they cannot rescind the acceptance of the resignation.