Current employer has refused my advised leaving date in my notice

Jillanddy

kimwp said:

By your contract, what notice is your employer required to give? 

Why is that relevant? The employer is not giving notice.

kimwp

Jillanddy said:

kimwp said:

By your contract, what notice is your employer required to give? 

Why is that relevant? The employer is not giving notice.

The employee has given notice for longer than four weeks and the employer is saying that they are taking that as four weeks notice. If the employee replies "ok", then the employee could be understood to have given four weeks notice. Just wondering if the contract says that the employer is required by contract to give a longer notice period than four weeks but hoping to trick the employee. Unlikely, but worth checking - statutory terms are the legal minimum but not necessarily what's in the individual contract.

pinkshoes

Clearly this is a grey area.

The notice period says "not less than 4 weeks" which the OP has done, giving sufficient notice to train someone else.

If it said on the contract that the notice period "must be 4 weeks", then they could quite rightfully accept the resignation but decline the extended notice.

But giving a longer notice period is still "not less than 4 weeks", so the OP has stuck to their contract and I believe trying to shorten this time period would be dismissal and would therefore have to be done on specific grounds for someone who has worked for over 2 years.

Jillanddy

kimwp said:

Jillanddy said:

kimwp said:

By your contract, what notice is your employer required to give? 

Why is that relevant? The employer is not giving notice.

The employee has given notice for longer than four weeks and the employer is saying that they are taking that as four weeks notice. If the employee replies "ok", then the employee could be understood to have given four weeks notice. Just wondering if the contract says that the employer is required by contract to give a longer notice period than four weeks but hoping to trick the employee. Unlikely, but worth checking - statutory terms are the legal minimum but not necessarily what's in the individual contract.

But the OP hasn't (yet) said "ok". They have given a date and that stands unless they specifically agree to another date. 

kimwp

Jillanddy said:

kimwp said:

Jillanddy said:

kimwp said:

By your contract, what notice is your employer required to give? 

Why is that relevant? The employer is not giving notice.

The employee has given notice for longer than four weeks and the employer is saying that they are taking that as four weeks notice. If the employee replies "ok", then the employee could be understood to have given four weeks notice. Just wondering if the contract says that the employer is required by contract to give a longer notice period than four weeks but hoping to trick the employee. Unlikely, but worth checking - statutory terms are the legal minimum but not necessarily what's in the individual contract.

But the OP hasn't (yet) said "ok". They have given a date and that stands unless they specifically agree to another date. 

I know. I'm one of those strange people who point out potential issues due to likely events rather than point out the error after it happened.

Jillanddy

kimwp said:

Jillanddy said:

kimwp said:

Jillanddy said:

kimwp said:

By your contract, what notice is your employer required to give? 

Why is that relevant? The employer is not giving notice.

The employee has given notice for longer than four weeks and the employer is saying that they are taking that as four weeks notice. If the employee replies "ok", then the employee could be understood to have given four weeks notice. Just wondering if the contract says that the employer is required by contract to give a longer notice period than four weeks but hoping to trick the employee. Unlikely, but worth checking - statutory terms are the legal minimum but not necessarily what's in the individual contract.

But the OP hasn't (yet) said "ok". They have given a date and that stands unless they specifically agree to another date. 

I know. I'm one of those strange people who point out potential issues due to likely events rather than point out the error after it happened.

Given the OP said no and not OK,  then it doesn't seem a very likely event,  since they have asked for and received a lot of advice already. So they aren't at all likely to say OK unless they mean it. It isn't the sort of thing you say accidentally. Nor,  as a claim for a verbal agreement, would such a thing be at all likely to hold up in a court of law if the employer claimed it had been said. Courts tend to err on the side of what is in writing. 

getmore4less

You are fed up with your employer, you get a new job you can start soon why on earth would you give 3 months notice when you could get out.

Then when you give the long  notice "to be a good employee  and do handover" the employer is happy to let you go sooner.

Maybe not that critical to the business as you thought.

If you can't fix problems with negotiation while working just leave asap don't play games.

Jillanddy

getmore4less said:

You are fed up with your employer, you get a new job you can start soon why on earth would you give 3 months notice when you could get out.

Then when you give the long  notice "to be a good employee  and do handover" the employer is happy to let you go sooner.

Maybe not that critical to the business as you thought.

If you can't fix problems with negotiation while working just leave asap don't play games.

Much as I kind of agree. And wouldn't have done it myself. I don't think a £10k bonus is game playing. I so wouldn't have handed in my notice! 

GrumpyDil

Is it just me who is taing the OP's saying "to save two months salary and the bonus owed which would equate to just over £10k." means we are discussing a total amount of 10k which includes the bonus and two months salary. 

If it is 10k total then not sure what the difference in terms of income from old jobs vs going to new job early actually would be and whether it is worth arguing about. 

[Deleted User]

getmore4less said:

You are fed up with your employer, you get a new job you can start soon why on earth would you give 3 months notice when you could get out.

Perhaps they are just being sensible and cautious.

A new Employer can unilaterally change what checks/hoops they would like you to jump through.

I was lucky my ex Employer changed their mind slightly on the whole initial don’t work full notice when they were getting no one to apply for a £20k telesales role, but the new Employer turned the tables some what and I left employment without a reference so much as being taken.