dismissal after giving notice

touch*my*food*feel*myfork

but had you been made to work your notice period you would not be able to start at you're new job on Monday

marliepanda

You told them you were resigning and put the ball in their court as to you working your notice. They declined.

Your final date is the date you resigned. They don!!!8217;t need to confirm your resignation date with you. You gave it to them! They did tell you when your notice period was, none, as you gave them the option.

marliepanda

touch*my*food*feel*myfork wrote: »

but had you been made to work your notice period you would not be able to start at you're new job on Monday

Exactly. Push it too much as they’ll chase you for their costs in covering your notice as at no point did they offer you pay in lieu of notice.

[Deleted User]

Did you have a load of holiday to use up? This happened to me once - had a fair bit of holiday and instead of working notice, I was asked to take the holiday.

Likewise with my current employer - we’re both over the barrel with a full month’s notice either side - they might not want to pay a month to someone with barely any duties left to do and I might not now want to miss all the interviews when I have no holiday (besides couple of days reserved for emergency) to take!... :cool:

sangie595

nikko1968 wrote: »

An employer can!!!8217;t refuse to accept someone!!!8217;s resignation and they must follow certain procedures.
When a member of staff resigns you must:

get them to confirm their resignation in writing
tick
tell them what their notice period is
no tick
agree when their last day at work will be
no tick
confirm whether they should work all or part of their notice period
tick did no request me to work my notice


I understand that the devil is in the detail, i offered to honour my notice if they desire.

I did not however agree to cut my notice period to no notice. so obviously they are in breach of contract because they did not desire me to work my notice.
I don't know where you got your "text" from here - but it's not law and therefore totally irrelevant. Resignation and acceptance don't even have to be in writing!

reply on acceptance.
I write in response to your resignation letter of today!!!8217;s date. I confirm that the Company does not require you to serve any part of your notice period. Your last day of employment is therefore 13 June 2018. I confirm that your final pay will be calculated up to and including 13 June 2018.

Your are wrong. You worded your resignation badly, and no matter what you now argue you did give them the option of you not working your notice. Lesson learned - don't write things in haste and anger.

Masomnia

Not clear cut, but you gave them the option and they decided to let you go without you working it. They normally would have to pay you if you wanted to work it, and they declined this. Giving them the option either way muddies the water, but I think if it came to it you can't claim they breached your contract if you said you would work it 'if they desire'.

In any case you've done well. They could have accepted four weeks notice from you and then gone ahead with the hearing, found you guilty of misconduct and then dismissed you with no notice before the four weeks is up. Resigning doesn't mean they can't discipline you and dismiss you in that time.

You've got a new job so forget about it and move on.