Resignation and employer notice query...

SirThomas

Hello Chaps!
'Long time lurker, first time poster' so hello first of all

I resigned from my job of 8 years, in August - But was asked to stay on month-to-month on the understanding that I would continue to work from home for the time-being (which I was happy with). Only now, I have just got a letter 'acknowledging my resignation' and giving my last day as the 31st Dec. Now, if my employer didn't specifically ask if I wanted to extend/delay my resignation - Is that allowed?

Coming in the middle of COVID, presumably if I am unable to find another position in a hurry - The employer having accepted my resignation (rather than just giving notice) would rule me out from getting any out-of-work assistance if required?

Thanks for the advice!
Tom

tizerbelle

Yes it's allowed.  You served your notice in August so you were planning on leaving.  They asked if you would stay on on a month to month basis and you agreed, that changed the terms of your employment and this month to month was only ever going to be while it worked for both parties.  You  could have said at the end of October, you were going to leave in November and so it just happens they've decided to end the month to month arrangement.   Your employer was under no obligation to ask if you wanted to delay your resignation again. 

With regards to out-of-work assistance I can only speak to New Job Seekers and tell you that despite resigning from a job and starting a claim in August this year, I was not sanctioned at all, even when I specifically questioned it (expecting to be sanctioned for 13 weeks for leaving a job voluntarily)

Thrugelmir

When you resigned. Presumably you had a plan. You've known that your employer could terminate your relationship at any time. 

KatrinaWaves

Is there a difference between resigning  and giving notice? Genuine question... 

Coming in the middle of COVID, presumably if I am unable to find another position in a hurry - The employer having accepted my resignation (rather than just giving notice) would rule me out from getting any out-of-work assistance if required?

Or are you saying your work should be giving YOU notice even though you’ve already resigned and stayed on informally? 

JReacher1

Doesn't really help you now but it was a poor decision to resign and agree to move to a "Month by month" contract.  Means you lose all the protection and benefits you had from 8 years service and they could get rid of you with no reason by serving you a months notice.

Undervalued

JReacher1 said:

Doesn't really help you now but it was a poor decision to resign and agree to move to a "Month by month" contract.  Means you lose all the protection and benefits you had from 8 years service and they could get rid of you with no reason by serving you a months notice.

If there wasn't a gap of a week or more between the OP's original contract terminating and the new arrangement starting, he might be able to argue that the employment was continuous. If so then the employer cannot simply terminate as he has far more than two years continuous service!

I would imagine it would go down like a lead balloon but similar things have be successfully relied on in the past. 
 

SirThomas

JReacher1 said:

Doesn't really help you now but it was a poor decision to resign and agree to move to a "Month by month" contract.  Means you lose all the protection and benefits you had from 8 years service and they could get rid of you with no reason by serving you a months notice.

In retrospect, yes. Having worked there for so long and being a family company, I had perhaps stupidly expected a little less formality in proceedings. It now seems they may have thought ahead and used me as cheap labour until they could cover my workload - and avoid paying me redundancy down the line. I had of course expected to leave at the time, but stayed on essentially to do them a favour as my job has some tasks unable to be completed by others - Sometimes it doesn't pay to be nice, huh?
It is the way they have only now accepted my resignation that seemed odd. Wasn't sure if that was permitted without prior agreement(?)
KatrinaWaves said:

Is there a difference between resigning  and giving notice? Genuine question... 

Coming in the middle of COVID, presumably if I am unable to find another position in a hurry - The employer having accepted my resignation (rather than just giving notice) would rule me out from getting any out-of-work assistance if required?

Or are you saying your work should be giving YOU notice even though you’ve already resigned and stayed on informally? 

Probably badly typed by myself
I meant that if they simply handed me 30days notice, it would simply mean that they had terminated my contract. Otherwise, they are accepting a resignation from back in August and it would therefore disqualify me from any JSA/out of work benefits etc. (I assume...)
I'm hoping a few jobs I've applied for will land me a position - But always good to think ahead, just in case!
Tom

KatrinaWaves

But surely you realised the repercussions of resigning back when you resigned? I guess I just dont understand why its now a problem?

lincroft1710

You resigned, apparently without a job to go to. Your employer offered to keep you on temporarily on a one month notice contract. You accepted this and they have now given you the requisite one month's notice. Sorry but I cannot see employer has  done anything wrong.

General_Grant

lincroft1710 said:

You resigned, apparently without a job to go to. Your employer offered to keep you on temporarily on a one month notice contract. You accepted this and they have now given you the requisite one month's notice. Sorry but I cannot see employer has  done anything wrong.

We don't know how much notice the OP had to give back in August and therefore what their termination date would have been.
If the OP's employer wanted to give notice now (assuming continuity of employment) then they would have to give 8 weeks' notice (statutory minimum) which they have not given.
By continuing to work, the OP seemed to have withdrawn their notice for the original termination date.

OP - what was put in writing at the time you agreed to continue working?  Any exchange of emails, for example?

lincroft1710

General_Grant said:

lincroft1710 said:

You resigned, apparently without a job to go to. Your employer offered to keep you on temporarily on a one month notice contract. You accepted this and they have now given you the requisite one month's notice. Sorry but I cannot see employer has  done anything wrong.

We don't know how much notice the OP had to give back in August and therefore what their termination date would have been.
If the OP's employer wanted to give notice now (assuming continuity of employment) then they would have to give 8 weeks' notice (statutory minimum) which they have not given.
By continuing to work, the OP seemed to have withdrawn their notice for the original termination date.

OP - what was put in writing at the time you agreed to continue working?  Any exchange of emails, for example?

I would suggest that by continuing to work the OP has accepted the change of contract by the employer and is only subject to one month's notice.