Resignation and employer notice query...

General_Grant

lincroft1710 said:

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By continuing to work, the OP seemed to have withdrawn their notice for the original termination date.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.

OP could choose to accept less notice but doesn't have to.  That's why it would be worth knowing what written evidence there might be.

getmore4less

lincroft1710 said:

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By continuing to work, the OP seemed to have withdrawn their notice for the original termination date.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.

An employee cannot give up their right to statutory notice by contract.
They can mutually agree to a shorter notice once given.

 Does the notice continue on a rolling basis or lapse and require new notice to be given once it expires.

That's what happens with a fixed term contrats, if the employment continues past the end date notice resorts to statutory/contractual.

Sandtree

I’m confused, you gave notice and had intended to leave and had nothing else happened you’d already have left by now as a resignation.

By mutual agreement you said that you’d stay on temporarily on a rolling monthly basis. It now seems that arrangement no longer suits your employer so they’ve said at the end of this month you’ll go your separate ways which is inline with your agreement.

Ignoring trying to argue statutory rights, what is your concern/issue as this appears to be inline with what you agreed to?