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Employer has assumed I resigned with immediate effect - am I entitled for pay for my noticed period? [closed]
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I am in the UK.
I gave notice of my resignation via email but did not state when my last day of employment would be. I had been suspended earlier that day pending investigation. The content of my email was:
Hi XXX,
In light of conversations both today and previously and regardless of any disciplinary action I feel as though my position in the company has become untenable.
With this in mind I have no choice but to provide notice of my resignation.
Kind regards
Because of this, my manager assumed that I was resigning with immediate effect. The following day I spoke to my manager and explained that I thought was giving notice as per my contract - which is 4 weeks.
I have now received my final payment which does not include my 4 weeks notice period pay. I have been communicating with HR who have stated that there has been a misunderstanding but the company does not believe that they owe me the notice period pay.
My contract states that I need to give 4 weeks notice, but the period can be shorter if requested and by mutual consent. The contract also states that the company would need to give a minimum of 4 weeks notice. The contract does not state if the resignation should be written or verbal.
Am I entitled to notice period pay?
salary resignation notice-period
edited Jul 26 '16 at 23:29
HorusKol
16.2k63267
asked Jul 26 '16 at 21:17
Andrew Mason
7
closed as off-topic by mhoran_psprep, Myles, Jim G., gnat, nvoigt Jul 27 '16 at 4:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – mhoran_psprep, Myles, Jim G., gnat, nvoigt
suggest improvements |Â
up vote
-1
down vote
favorite
I am in the UK.
I gave notice of my resignation via email but did not state when my last day of employment would be. I had been suspended earlier that day pending investigation. The content of my email was:
Hi XXX,
In light of conversations both today and previously and regardless of any disciplinary action I feel as though my position in the company has become untenable.
With this in mind I have no choice but to provide notice of my resignation.
Kind regards
Because of this, my manager assumed that I was resigning with immediate effect. The following day I spoke to my manager and explained that I thought was giving notice as per my contract - which is 4 weeks.
I have now received my final payment which does not include my 4 weeks notice period pay. I have been communicating with HR who have stated that there has been a misunderstanding but the company does not believe that they owe me the notice period pay.
My contract states that I need to give 4 weeks notice, but the period can be shorter if requested and by mutual consent. The contract also states that the company would need to give a minimum of 4 weeks notice. The contract does not state if the resignation should be written or verbal.
Am I entitled to notice period pay?
salary resignation notice-period
edited Jul 26 '16 at 23:29
HorusKol
16.2k63267
asked Jul 26 '16 at 21:17
Andrew Mason
7
closed as off-topic by mhoran_psprep, Myles, Jim G., gnat, nvoigt Jul 27 '16 at 4:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – mhoran_psprep, Myles, Jim G., gnat, nvoigt
I'm no lawyer but my (UK) understanding has always been that you always get your notice pay, whatever the circumstances, unless it's a 'gross misconduct' dismissal. And even then sometimes. Were you permanent or contractor?
– AakashM
Jul 28 '16 at 8:12
In the UK, there are legal minimum notice periods. You don't have the right to leave a job without giving some minimum notice, the company doesn't have the right to fire you without giving some minimum notice. But if both sides agree, that's not the case. You can go to your boss and say "I don't like this job, I want to quit and not work here anymore tomorrow", and the boss says "Ok, that's fine", and you both sign some paperwork, then the deal is done and you get paid up to the notice that you agreed upon - which is the end of today. Thread starter: You messed up.
– gnasher729
Jul 28 '16 at 13:59
suggest improvements |Â
up vote
-1
down vote
favorite
up vote
-1
down vote
favorite
I am in the UK.
I gave notice of my resignation via email but did not state when my last day of employment would be. I had been suspended earlier that day pending investigation. The content of my email was:
Hi XXX,
In light of conversations both today and previously and regardless of any disciplinary action I feel as though my position in the company has become untenable.
With this in mind I have no choice but to provide notice of my resignation.
Kind regards
Because of this, my manager assumed that I was resigning with immediate effect. The following day I spoke to my manager and explained that I thought was giving notice as per my contract - which is 4 weeks.
I have now received my final payment which does not include my 4 weeks notice period pay. I have been communicating with HR who have stated that there has been a misunderstanding but the company does not believe that they owe me the notice period pay.
My contract states that I need to give 4 weeks notice, but the period can be shorter if requested and by mutual consent. The contract also states that the company would need to give a minimum of 4 weeks notice. The contract does not state if the resignation should be written or verbal.
Am I entitled to notice period pay?
salary resignation notice-period
edited Jul 26 '16 at 23:29
HorusKol
16.2k63267
asked Jul 26 '16 at 21:17
Andrew Mason
7
I am in the UK.
I gave notice of my resignation via email but did not state when my last day of employment would be. I had been suspended earlier that day pending investigation. The content of my email was:
Hi XXX,
In light of conversations both today and previously and regardless of any disciplinary action I feel as though my position in the company has become untenable.
With this in mind I have no choice but to provide notice of my resignation.
Kind regards
Because of this, my manager assumed that I was resigning with immediate effect. The following day I spoke to my manager and explained that I thought was giving notice as per my contract - which is 4 weeks.
I have now received my final payment which does not include my 4 weeks notice period pay. I have been communicating with HR who have stated that there has been a misunderstanding but the company does not believe that they owe me the notice period pay.
My contract states that I need to give 4 weeks notice, but the period can be shorter if requested and by mutual consent. The contract also states that the company would need to give a minimum of 4 weeks notice. The contract does not state if the resignation should be written or verbal.
Am I entitled to notice period pay?
salary resignation notice-period
edited Jul 26 '16 at 23:29
HorusKol
16.2k63267
asked Jul 26 '16 at 21:17
Andrew Mason
7
edited Jul 26 '16 at 23:29
HorusKol
16.2k63267
edited Jul 26 '16 at 23:29
HorusKol
16.2k63267
edited Jul 26 '16 at 23:29
HorusKol
16.2k63267
16.2k63267
asked Jul 26 '16 at 21:17
Andrew Mason
7
asked Jul 26 '16 at 21:17
Andrew Mason
7
asked Jul 26 '16 at 21:17
Andrew Mason
7
7
closed as off-topic by mhoran_psprep, Myles, Jim G., gnat, nvoigt Jul 27 '16 at 4:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – mhoran_psprep, Myles, Jim G., gnat, nvoigt
closed as off-topic by mhoran_psprep, Myles, Jim G., gnat, nvoigt Jul 27 '16 at 4:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – mhoran_psprep, Myles, Jim G., gnat, nvoigt
I'm no lawyer but my (UK) understanding has always been that you always get your notice pay, whatever the circumstances, unless it's a 'gross misconduct' dismissal. And even then sometimes. Were you permanent or contractor?
– AakashM
Jul 28 '16 at 8:12
In the UK, there are legal minimum notice periods. You don't have the right to leave a job without giving some minimum notice, the company doesn't have the right to fire you without giving some minimum notice. But if both sides agree, that's not the case. You can go to your boss and say "I don't like this job, I want to quit and not work here anymore tomorrow", and the boss says "Ok, that's fine", and you both sign some paperwork, then the deal is done and you get paid up to the notice that you agreed upon - which is the end of today. Thread starter: You messed up.
– gnasher729
Jul 28 '16 at 13:59
suggest improvements |Â
I'm no lawyer but my (UK) understanding has always been that you always get your notice pay, whatever the circumstances, unless it's a 'gross misconduct' dismissal. And even then sometimes. Were you permanent or contractor?
– AakashM
Jul 28 '16 at 8:12
In the UK, there are legal minimum notice periods. You don't have the right to leave a job without giving some minimum notice, the company doesn't have the right to fire you without giving some minimum notice. But if both sides agree, that's not the case. You can go to your boss and say "I don't like this job, I want to quit and not work here anymore tomorrow", and the boss says "Ok, that's fine", and you both sign some paperwork, then the deal is done and you get paid up to the notice that you agreed upon - which is the end of today. Thread starter: You messed up.
– gnasher729
Jul 28 '16 at 13:59
I'm no lawyer but my (UK) understanding has always been that you always get your notice pay, whatever the circumstances, unless it's a 'gross misconduct' dismissal. And even then sometimes. Were you permanent or contractor?
– AakashM
Jul 28 '16 at 8:12
I'm no lawyer but my (UK) understanding has always been that you always get your notice pay, whatever the circumstances, unless it's a 'gross misconduct' dismissal. And even then sometimes. Were you permanent or contractor?
– AakashM
Jul 28 '16 at 8:12
In the UK, there are legal minimum notice periods. You don't have the right to leave a job without giving some minimum notice, the company doesn't have the right to fire you without giving some minimum notice. But if both sides agree, that's not the case. You can go to your boss and say "I don't like this job, I want to quit and not work here anymore tomorrow", and the boss says "Ok, that's fine", and you both sign some paperwork, then the deal is done and you get paid up to the notice that you agreed upon - which is the end of today. Thread starter: You messed up.
– gnasher729
Jul 28 '16 at 13:59
In the UK, there are legal minimum notice periods. You don't have the right to leave a job without giving some minimum notice, the company doesn't have the right to fire you without giving some minimum notice. But if both sides agree, that's not the case. You can go to your boss and say "I don't like this job, I want to quit and not work here anymore tomorrow", and the boss says "Ok, that's fine", and you both sign some paperwork, then the deal is done and you get paid up to the notice that you agreed upon - which is the end of today. Thread starter: You messed up.
– gnasher729
Jul 28 '16 at 13:59
suggest improvements |Â
4 Answers
4
active
oldest
votes
up vote
7
down vote
Unfortunately, I think you have painted yourself into the corner - and the only way out is to seek proper legal advice.
The company is only required to give you four weeks notice with pay when they are terminating the contract (although, some scenarios allow them to provide no notice).
Your email was an effective communication that you wanted to terminate your contract. Because you didn't specify the date, the company can (and has) assumed you were requesting immediate resignation. It appears they agreed - so, this would seem to be mutual.
It's interesting that HR has acknowledged a miscommunication - and if you have that acknowledgement in writing or email, it might be useful.
Bear in mind, that any action you take now will require time and effort to get any result. All round - you would be better off focusing on how to get a new job.
In future, if you ever need to resign again - for whatever reason - remember to include the date you intend to actually end your employment.
answered Jul 26 '16 at 23:38
HorusKol
16.2k63267
suggest improvements |Â
up vote
3
down vote
It would certainly appear to me that your employer, by saying that you had been "suspended, 'pending investigation,' had already come to the conclusion that you might have breached your employment contract.  Nevertheless, following the strict letter of the law as they are obliged to do, they referred to “investigation.â€
But then, you, "provided notice of your resignation." This act, being yours, obviously takes effect immediately ... and very-conveniently eliminates any necessity whatsoever, on the part of your employer, to "investigate" further.
"Notice" provisions are only applicable in the absence of breach. Obviously, the company felt that they had probable-cause to suspect (your ...) breach-of-contract. Before they had begun to grind-through the obligatory "due process," you voluntarily elected to walk out the door. You did this "on your own two feet," and as a result of a voluntary decision that was yours alone.
answered Jul 27 '16 at 0:02
Mike Robinson
1,9021410
suggest improvements |Â
up vote
2
down vote
It's hard to imagine what you can do to fix this. Whether it's reasonable for them to interpret your email as an immediate resignation depends on the wording. If they thought (or could claim they thought) that you were intending to resign as soon as possible then it would be entirely reasonable of them to waive your notice and comply with your presumed wishes. Given that you are under suspension they have precisely zero incentive to do anything differently - you essentially just saved them four weeks pay.
The only way you are likely to be able to fight this is with legal representation. You could try to negotiate, but you really don't have any cards on your side. If you want, get a lawyer to look at your contract and your resignation email, but remember it's going to cost you money. If you want some free legal advice, try the Citizen's Advice Bureau - they can give you some general information about your rights.
Take-aways for the future:
- Never send important communications like that when you are angry and upset. Waiting twenty four hours, or even longer, before writing that email would have had no downsides and might have resulted in your getting your four weeks pay. It's hard to see what could have gone wrong if you had waited until you had another job to resign.
- When you resign, always put a date.
- Your resignation has not only cost you four weeks pay but you probably are also ineligible for unemployment benefit, which you might have received if you had been let go. On the upside, you can now honestly say you resigned from this job instead of having been fired.
This page gives you some advice on resignations which you should find helpful in the future.
answered Jul 26 '16 at 23:10
DJClayworth
40.7k886146
That is not how unemployment works in the UK - hence my edit
– Pepone
Jul 28 '16 at 22:21
@Pepone But the text that's left now is obviously unfinished. I have rejected the edit.
– Jan Doggen
Jul 29 '16 at 6:26
1
Also: Sending off the letter and then asking for advice is doing things in the wrong order.
– gnasher729
Jul 29 '16 at 12:36
@Pepone Actually it is. See the link at the end.
– DJClayworth
Jul 29 '16 at 13:08
@DJClayworth: I believe Pepone is referring to the Job Seekers Allowance, which doesn't seem to be tied to how you became unemployed.
– jmoreno
Jan 17 at 1:26
suggest improvements |Â
up vote
-1
down vote
Since you edited your question to indicate you are in the UK, this answer is not valid for the OP's question. However, it might be useful for someone who came across the question, so I will leave it.
Without your location, its hard to say. However, I am going to assume you are in the US. Most states in the US are at will employment. Generally speaking, wt will emplotment means you can quit at any time and be let go at any time. This means if you give notice, they can terminate you on the spot, if they so choose. Just because you give notice, this doesnt mean you have the right to continue working. Notices are generally considered a courtesy, there is no minimum or maximum period. If you are entitled to anything, you will need to consult a lawyer in your jurisdiction.
answered Jul 26 '16 at 21:24
Keltari
1,83621218
+1, ...The phrase you are looking for (and that is less politically charged) is "at-will" employment. Overall good answer, though consulting a lawyer is a waste of money IF and ONLY IF the state/country/province of the OP has the "at-will" law and the clause in his/her employment documents (i.e. letter of offer, contract, etc.).
– B1313
Jul 26 '16 at 21:35
1
OP not in US, please update or delete.
– Myles
Jul 26 '16 at 21:40
@Myles I don't think this answer should be deleted. It doesn't answer the OP question, but it will be useful for people in the US landing here from google
– ILikeTacos
Jul 26 '16 at 23:30
1
@AlanChavez just because the answer doesnt answer the OPs question, does not mean it should be deleted. In reality, no answer should be deleted, unless it is spam, off-topic, etc.
– Keltari
Jul 26 '16 at 23:32
@Keltari That was my point, I think you meant to tag someone else?
– ILikeTacos
Jul 26 '16 at 23:34
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4 Answers
4
active
oldest
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4 Answers
4
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
7
down vote
Unfortunately, I think you have painted yourself into the corner - and the only way out is to seek proper legal advice.
The company is only required to give you four weeks notice with pay when they are terminating the contract (although, some scenarios allow them to provide no notice).
Your email was an effective communication that you wanted to terminate your contract. Because you didn't specify the date, the company can (and has) assumed you were requesting immediate resignation. It appears they agreed - so, this would seem to be mutual.
It's interesting that HR has acknowledged a miscommunication - and if you have that acknowledgement in writing or email, it might be useful.
Bear in mind, that any action you take now will require time and effort to get any result. All round - you would be better off focusing on how to get a new job.
In future, if you ever need to resign again - for whatever reason - remember to include the date you intend to actually end your employment.
answered Jul 26 '16 at 23:38
HorusKol
16.2k63267
suggest improvements |Â
up vote
7
down vote
Unfortunately, I think you have painted yourself into the corner - and the only way out is to seek proper legal advice.
The company is only required to give you four weeks notice with pay when they are terminating the contract (although, some scenarios allow them to provide no notice).
Your email was an effective communication that you wanted to terminate your contract. Because you didn't specify the date, the company can (and has) assumed you were requesting immediate resignation. It appears they agreed - so, this would seem to be mutual.
It's interesting that HR has acknowledged a miscommunication - and if you have that acknowledgement in writing or email, it might be useful.
Bear in mind, that any action you take now will require time and effort to get any result. All round - you would be better off focusing on how to get a new job.
In future, if you ever need to resign again - for whatever reason - remember to include the date you intend to actually end your employment.
answered Jul 26 '16 at 23:38
HorusKol
16.2k63267
suggest improvements |Â
up vote
7
down vote
up vote
7
down vote
Unfortunately, I think you have painted yourself into the corner - and the only way out is to seek proper legal advice.
The company is only required to give you four weeks notice with pay when they are terminating the contract (although, some scenarios allow them to provide no notice).
Your email was an effective communication that you wanted to terminate your contract. Because you didn't specify the date, the company can (and has) assumed you were requesting immediate resignation. It appears they agreed - so, this would seem to be mutual.
It's interesting that HR has acknowledged a miscommunication - and if you have that acknowledgement in writing or email, it might be useful.
Bear in mind, that any action you take now will require time and effort to get any result. All round - you would be better off focusing on how to get a new job.
In future, if you ever need to resign again - for whatever reason - remember to include the date you intend to actually end your employment.
answered Jul 26 '16 at 23:38
HorusKol
16.2k63267
Unfortunately, I think you have painted yourself into the corner - and the only way out is to seek proper legal advice.
The company is only required to give you four weeks notice with pay when they are terminating the contract (although, some scenarios allow them to provide no notice).
Your email was an effective communication that you wanted to terminate your contract. Because you didn't specify the date, the company can (and has) assumed you were requesting immediate resignation. It appears they agreed - so, this would seem to be mutual.
It's interesting that HR has acknowledged a miscommunication - and if you have that acknowledgement in writing or email, it might be useful.
Bear in mind, that any action you take now will require time and effort to get any result. All round - you would be better off focusing on how to get a new job.
In future, if you ever need to resign again - for whatever reason - remember to include the date you intend to actually end your employment.
answered Jul 26 '16 at 23:38
HorusKol
16.2k63267
answered Jul 26 '16 at 23:38
HorusKol
16.2k63267
answered Jul 26 '16 at 23:38
HorusKol
16.2k63267
answered Jul 26 '16 at 23:38
HorusKol
16.2k63267
16.2k63267
suggest improvements |Â
suggest improvements |Â
up vote
3
down vote
It would certainly appear to me that your employer, by saying that you had been "suspended, 'pending investigation,' had already come to the conclusion that you might have breached your employment contract.  Nevertheless, following the strict letter of the law as they are obliged to do, they referred to “investigation.â€
But then, you, "provided notice of your resignation." This act, being yours, obviously takes effect immediately ... and very-conveniently eliminates any necessity whatsoever, on the part of your employer, to "investigate" further.
"Notice" provisions are only applicable in the absence of breach. Obviously, the company felt that they had probable-cause to suspect (your ...) breach-of-contract. Before they had begun to grind-through the obligatory "due process," you voluntarily elected to walk out the door. You did this "on your own two feet," and as a result of a voluntary decision that was yours alone.
answered Jul 27 '16 at 0:02
Mike Robinson
1,9021410
suggest improvements |Â
up vote
3
down vote
It would certainly appear to me that your employer, by saying that you had been "suspended, 'pending investigation,' had already come to the conclusion that you might have breached your employment contract.  Nevertheless, following the strict letter of the law as they are obliged to do, they referred to “investigation.â€
But then, you, "provided notice of your resignation." This act, being yours, obviously takes effect immediately ... and very-conveniently eliminates any necessity whatsoever, on the part of your employer, to "investigate" further.
"Notice" provisions are only applicable in the absence of breach. Obviously, the company felt that they had probable-cause to suspect (your ...) breach-of-contract. Before they had begun to grind-through the obligatory "due process," you voluntarily elected to walk out the door. You did this "on your own two feet," and as a result of a voluntary decision that was yours alone.
answered Jul 27 '16 at 0:02
Mike Robinson
1,9021410
suggest improvements |Â
up vote
3
down vote
up vote
3
down vote
It would certainly appear to me that your employer, by saying that you had been "suspended, 'pending investigation,' had already come to the conclusion that you might have breached your employment contract.  Nevertheless, following the strict letter of the law as they are obliged to do, they referred to “investigation.â€
But then, you, "provided notice of your resignation." This act, being yours, obviously takes effect immediately ... and very-conveniently eliminates any necessity whatsoever, on the part of your employer, to "investigate" further.
"Notice" provisions are only applicable in the absence of breach. Obviously, the company felt that they had probable-cause to suspect (your ...) breach-of-contract. Before they had begun to grind-through the obligatory "due process," you voluntarily elected to walk out the door. You did this "on your own two feet," and as a result of a voluntary decision that was yours alone.
answered Jul 27 '16 at 0:02
Mike Robinson
1,9021410
It would certainly appear to me that your employer, by saying that you had been "suspended, 'pending investigation,' had already come to the conclusion that you might have breached your employment contract.  Nevertheless, following the strict letter of the law as they are obliged to do, they referred to “investigation.â€
But then, you, "provided notice of your resignation." This act, being yours, obviously takes effect immediately ... and very-conveniently eliminates any necessity whatsoever, on the part of your employer, to "investigate" further.
"Notice" provisions are only applicable in the absence of breach. Obviously, the company felt that they had probable-cause to suspect (your ...) breach-of-contract. Before they had begun to grind-through the obligatory "due process," you voluntarily elected to walk out the door. You did this "on your own two feet," and as a result of a voluntary decision that was yours alone.
answered Jul 27 '16 at 0:02
Mike Robinson
1,9021410
answered Jul 27 '16 at 0:02
Mike Robinson
1,9021410
answered Jul 27 '16 at 0:02
Mike Robinson
1,9021410
answered Jul 27 '16 at 0:02
Mike Robinson
1,9021410
1,9021410
suggest improvements |Â
suggest improvements |Â
up vote
2
down vote
It's hard to imagine what you can do to fix this. Whether it's reasonable for them to interpret your email as an immediate resignation depends on the wording. If they thought (or could claim they thought) that you were intending to resign as soon as possible then it would be entirely reasonable of them to waive your notice and comply with your presumed wishes. Given that you are under suspension they have precisely zero incentive to do anything differently - you essentially just saved them four weeks pay.
The only way you are likely to be able to fight this is with legal representation. You could try to negotiate, but you really don't have any cards on your side. If you want, get a lawyer to look at your contract and your resignation email, but remember it's going to cost you money. If you want some free legal advice, try the Citizen's Advice Bureau - they can give you some general information about your rights.
Take-aways for the future:
- Never send important communications like that when you are angry and upset. Waiting twenty four hours, or even longer, before writing that email would have had no downsides and might have resulted in your getting your four weeks pay. It's hard to see what could have gone wrong if you had waited until you had another job to resign.
- When you resign, always put a date.
- Your resignation has not only cost you four weeks pay but you probably are also ineligible for unemployment benefit, which you might have received if you had been let go. On the upside, you can now honestly say you resigned from this job instead of having been fired.
This page gives you some advice on resignations which you should find helpful in the future.
answered Jul 26 '16 at 23:10
DJClayworth
40.7k886146
That is not how unemployment works in the UK - hence my edit
– Pepone
Jul 28 '16 at 22:21
@Pepone But the text that's left now is obviously unfinished. I have rejected the edit.
– Jan Doggen
Jul 29 '16 at 6:26
1
Also: Sending off the letter and then asking for advice is doing things in the wrong order.
– gnasher729
Jul 29 '16 at 12:36
@Pepone Actually it is. See the link at the end.
– DJClayworth
Jul 29 '16 at 13:08
@DJClayworth: I believe Pepone is referring to the Job Seekers Allowance, which doesn't seem to be tied to how you became unemployed.
– jmoreno
Jan 17 at 1:26
suggest improvements |Â
up vote
2
down vote
It's hard to imagine what you can do to fix this. Whether it's reasonable for them to interpret your email as an immediate resignation depends on the wording. If they thought (or could claim they thought) that you were intending to resign as soon as possible then it would be entirely reasonable of them to waive your notice and comply with your presumed wishes. Given that you are under suspension they have precisely zero incentive to do anything differently - you essentially just saved them four weeks pay.
The only way you are likely to be able to fight this is with legal representation. You could try to negotiate, but you really don't have any cards on your side. If you want, get a lawyer to look at your contract and your resignation email, but remember it's going to cost you money. If you want some free legal advice, try the Citizen's Advice Bureau - they can give you some general information about your rights.
Take-aways for the future:
- Never send important communications like that when you are angry and upset. Waiting twenty four hours, or even longer, before writing that email would have had no downsides and might have resulted in your getting your four weeks pay. It's hard to see what could have gone wrong if you had waited until you had another job to resign.
- When you resign, always put a date.
- Your resignation has not only cost you four weeks pay but you probably are also ineligible for unemployment benefit, which you might have received if you had been let go. On the upside, you can now honestly say you resigned from this job instead of having been fired.
This page gives you some advice on resignations which you should find helpful in the future.
answered Jul 26 '16 at 23:10
DJClayworth
40.7k886146
That is not how unemployment works in the UK - hence my edit
– Pepone
Jul 28 '16 at 22:21
@Pepone But the text that's left now is obviously unfinished. I have rejected the edit.
– Jan Doggen
Jul 29 '16 at 6:26
1
Also: Sending off the letter and then asking for advice is doing things in the wrong order.
– gnasher729
Jul 29 '16 at 12:36
@Pepone Actually it is. See the link at the end.
– DJClayworth
Jul 29 '16 at 13:08
@DJClayworth: I believe Pepone is referring to the Job Seekers Allowance, which doesn't seem to be tied to how you became unemployed.
– jmoreno
Jan 17 at 1:26
suggest improvements |Â
up vote
2
down vote
up vote
2
down vote
It's hard to imagine what you can do to fix this. Whether it's reasonable for them to interpret your email as an immediate resignation depends on the wording. If they thought (or could claim they thought) that you were intending to resign as soon as possible then it would be entirely reasonable of them to waive your notice and comply with your presumed wishes. Given that you are under suspension they have precisely zero incentive to do anything differently - you essentially just saved them four weeks pay.
The only way you are likely to be able to fight this is with legal representation. You could try to negotiate, but you really don't have any cards on your side. If you want, get a lawyer to look at your contract and your resignation email, but remember it's going to cost you money. If you want some free legal advice, try the Citizen's Advice Bureau - they can give you some general information about your rights.
Take-aways for the future:
- Never send important communications like that when you are angry and upset. Waiting twenty four hours, or even longer, before writing that email would have had no downsides and might have resulted in your getting your four weeks pay. It's hard to see what could have gone wrong if you had waited until you had another job to resign.
- When you resign, always put a date.
- Your resignation has not only cost you four weeks pay but you probably are also ineligible for unemployment benefit, which you might have received if you had been let go. On the upside, you can now honestly say you resigned from this job instead of having been fired.
This page gives you some advice on resignations which you should find helpful in the future.
answered Jul 26 '16 at 23:10
DJClayworth
40.7k886146
It's hard to imagine what you can do to fix this. Whether it's reasonable for them to interpret your email as an immediate resignation depends on the wording. If they thought (or could claim they thought) that you were intending to resign as soon as possible then it would be entirely reasonable of them to waive your notice and comply with your presumed wishes. Given that you are under suspension they have precisely zero incentive to do anything differently - you essentially just saved them four weeks pay.
The only way you are likely to be able to fight this is with legal representation. You could try to negotiate, but you really don't have any cards on your side. If you want, get a lawyer to look at your contract and your resignation email, but remember it's going to cost you money. If you want some free legal advice, try the Citizen's Advice Bureau - they can give you some general information about your rights.
Take-aways for the future:
- Never send important communications like that when you are angry and upset. Waiting twenty four hours, or even longer, before writing that email would have had no downsides and might have resulted in your getting your four weeks pay. It's hard to see what could have gone wrong if you had waited until you had another job to resign.
- When you resign, always put a date.
- Your resignation has not only cost you four weeks pay but you probably are also ineligible for unemployment benefit, which you might have received if you had been let go. On the upside, you can now honestly say you resigned from this job instead of having been fired.
This page gives you some advice on resignations which you should find helpful in the future.
answered Jul 26 '16 at 23:10
DJClayworth
40.7k886146
edited Jul 29 '16 at 13:06
answered Jul 26 '16 at 23:10
DJClayworth
40.7k886146
answered Jul 26 '16 at 23:10
DJClayworth
40.7k886146
answered Jul 26 '16 at 23:10
DJClayworth
40.7k886146
40.7k886146
That is not how unemployment works in the UK - hence my edit
– Pepone
Jul 28 '16 at 22:21
@Pepone But the text that's left now is obviously unfinished. I have rejected the edit.
– Jan Doggen
Jul 29 '16 at 6:26
1
Also: Sending off the letter and then asking for advice is doing things in the wrong order.
– gnasher729
Jul 29 '16 at 12:36
@Pepone Actually it is. See the link at the end.
– DJClayworth
Jul 29 '16 at 13:08
@DJClayworth: I believe Pepone is referring to the Job Seekers Allowance, which doesn't seem to be tied to how you became unemployed.
– jmoreno
Jan 17 at 1:26
suggest improvements |Â
That is not how unemployment works in the UK - hence my edit
– Pepone
Jul 28 '16 at 22:21
@Pepone But the text that's left now is obviously unfinished. I have rejected the edit.
– Jan Doggen
Jul 29 '16 at 6:26
1
Also: Sending off the letter and then asking for advice is doing things in the wrong order.
– gnasher729
Jul 29 '16 at 12:36
@Pepone Actually it is. See the link at the end.
– DJClayworth
Jul 29 '16 at 13:08
@DJClayworth: I believe Pepone is referring to the Job Seekers Allowance, which doesn't seem to be tied to how you became unemployed.
– jmoreno
Jan 17 at 1:26
That is not how unemployment works in the UK - hence my edit
– Pepone
Jul 28 '16 at 22:21
That is not how unemployment works in the UK - hence my edit
– Pepone
Jul 28 '16 at 22:21
@Pepone But the text that's left now is obviously unfinished. I have rejected the edit.
– Jan Doggen
Jul 29 '16 at 6:26
@Pepone But the text that's left now is obviously unfinished. I have rejected the edit.
– Jan Doggen
Jul 29 '16 at 6:26
1
1
Also: Sending off the letter and then asking for advice is doing things in the wrong order.
– gnasher729
Jul 29 '16 at 12:36
Also: Sending off the letter and then asking for advice is doing things in the wrong order.
– gnasher729
Jul 29 '16 at 12:36
@Pepone Actually it is. See the link at the end.
– DJClayworth
Jul 29 '16 at 13:08
@Pepone Actually it is. See the link at the end.
– DJClayworth
Jul 29 '16 at 13:08
@DJClayworth: I believe Pepone is referring to the Job Seekers Allowance, which doesn't seem to be tied to how you became unemployed.
– jmoreno
Jan 17 at 1:26
@DJClayworth: I believe Pepone is referring to the Job Seekers Allowance, which doesn't seem to be tied to how you became unemployed.
– jmoreno
Jan 17 at 1:26
suggest improvements |Â
up vote
-1
down vote
Since you edited your question to indicate you are in the UK, this answer is not valid for the OP's question. However, it might be useful for someone who came across the question, so I will leave it.
Without your location, its hard to say. However, I am going to assume you are in the US. Most states in the US are at will employment. Generally speaking, wt will emplotment means you can quit at any time and be let go at any time. This means if you give notice, they can terminate you on the spot, if they so choose. Just because you give notice, this doesnt mean you have the right to continue working. Notices are generally considered a courtesy, there is no minimum or maximum period. If you are entitled to anything, you will need to consult a lawyer in your jurisdiction.
answered Jul 26 '16 at 21:24
Keltari
1,83621218
+1, ...The phrase you are looking for (and that is less politically charged) is "at-will" employment. Overall good answer, though consulting a lawyer is a waste of money IF and ONLY IF the state/country/province of the OP has the "at-will" law and the clause in his/her employment documents (i.e. letter of offer, contract, etc.).
– B1313
Jul 26 '16 at 21:35
1
OP not in US, please update or delete.
– Myles
Jul 26 '16 at 21:40
@Myles I don't think this answer should be deleted. It doesn't answer the OP question, but it will be useful for people in the US landing here from google
– ILikeTacos
Jul 26 '16 at 23:30
1
@AlanChavez just because the answer doesnt answer the OPs question, does not mean it should be deleted. In reality, no answer should be deleted, unless it is spam, off-topic, etc.
– Keltari
Jul 26 '16 at 23:32
@Keltari That was my point, I think you meant to tag someone else?
– ILikeTacos
Jul 26 '16 at 23:34
 |Â
show 2 more comments
up vote
-1
down vote
Since you edited your question to indicate you are in the UK, this answer is not valid for the OP's question. However, it might be useful for someone who came across the question, so I will leave it.
Without your location, its hard to say. However, I am going to assume you are in the US. Most states in the US are at will employment. Generally speaking, wt will emplotment means you can quit at any time and be let go at any time. This means if you give notice, they can terminate you on the spot, if they so choose. Just because you give notice, this doesnt mean you have the right to continue working. Notices are generally considered a courtesy, there is no minimum or maximum period. If you are entitled to anything, you will need to consult a lawyer in your jurisdiction.
answered Jul 26 '16 at 21:24
Keltari
1,83621218
+1, ...The phrase you are looking for (and that is less politically charged) is "at-will" employment. Overall good answer, though consulting a lawyer is a waste of money IF and ONLY IF the state/country/province of the OP has the "at-will" law and the clause in his/her employment documents (i.e. letter of offer, contract, etc.).
– B1313
Jul 26 '16 at 21:35
1
OP not in US, please update or delete.
– Myles
Jul 26 '16 at 21:40
@Myles I don't think this answer should be deleted. It doesn't answer the OP question, but it will be useful for people in the US landing here from google
– ILikeTacos
Jul 26 '16 at 23:30
1
@AlanChavez just because the answer doesnt answer the OPs question, does not mean it should be deleted. In reality, no answer should be deleted, unless it is spam, off-topic, etc.
– Keltari
Jul 26 '16 at 23:32
@Keltari That was my point, I think you meant to tag someone else?
– ILikeTacos
Jul 26 '16 at 23:34
 |Â
show 2 more comments
up vote
-1
down vote
up vote
-1
down vote
Since you edited your question to indicate you are in the UK, this answer is not valid for the OP's question. However, it might be useful for someone who came across the question, so I will leave it.
Without your location, its hard to say. However, I am going to assume you are in the US. Most states in the US are at will employment. Generally speaking, wt will emplotment means you can quit at any time and be let go at any time. This means if you give notice, they can terminate you on the spot, if they so choose. Just because you give notice, this doesnt mean you have the right to continue working. Notices are generally considered a courtesy, there is no minimum or maximum period. If you are entitled to anything, you will need to consult a lawyer in your jurisdiction.
answered Jul 26 '16 at 21:24
Keltari
1,83621218
Since you edited your question to indicate you are in the UK, this answer is not valid for the OP's question. However, it might be useful for someone who came across the question, so I will leave it.
Without your location, its hard to say. However, I am going to assume you are in the US. Most states in the US are at will employment. Generally speaking, wt will emplotment means you can quit at any time and be let go at any time. This means if you give notice, they can terminate you on the spot, if they so choose. Just because you give notice, this doesnt mean you have the right to continue working. Notices are generally considered a courtesy, there is no minimum or maximum period. If you are entitled to anything, you will need to consult a lawyer in your jurisdiction.
answered Jul 26 '16 at 21:24
Keltari
1,83621218
edited Jul 26 '16 at 22:14
answered Jul 26 '16 at 21:24
Keltari
1,83621218
answered Jul 26 '16 at 21:24
Keltari
1,83621218
answered Jul 26 '16 at 21:24
Keltari
1,83621218
1,83621218
+1, ...The phrase you are looking for (and that is less politically charged) is "at-will" employment. Overall good answer, though consulting a lawyer is a waste of money IF and ONLY IF the state/country/province of the OP has the "at-will" law and the clause in his/her employment documents (i.e. letter of offer, contract, etc.).
– B1313
Jul 26 '16 at 21:35
1
OP not in US, please update or delete.
– Myles
Jul 26 '16 at 21:40
@Myles I don't think this answer should be deleted. It doesn't answer the OP question, but it will be useful for people in the US landing here from google
– ILikeTacos
Jul 26 '16 at 23:30
1
@AlanChavez just because the answer doesnt answer the OPs question, does not mean it should be deleted. In reality, no answer should be deleted, unless it is spam, off-topic, etc.
– Keltari
Jul 26 '16 at 23:32
@Keltari That was my point, I think you meant to tag someone else?
– ILikeTacos
Jul 26 '16 at 23:34
 |Â
show 2 more comments
+1, ...The phrase you are looking for (and that is less politically charged) is "at-will" employment. Overall good answer, though consulting a lawyer is a waste of money IF and ONLY IF the state/country/province of the OP has the "at-will" law and the clause in his/her employment documents (i.e. letter of offer, contract, etc.).
– B1313
Jul 26 '16 at 21:35
1
OP not in US, please update or delete.
– Myles
Jul 26 '16 at 21:40
@Myles I don't think this answer should be deleted. It doesn't answer the OP question, but it will be useful for people in the US landing here from google
– ILikeTacos
Jul 26 '16 at 23:30
1
@AlanChavez just because the answer doesnt answer the OPs question, does not mean it should be deleted. In reality, no answer should be deleted, unless it is spam, off-topic, etc.
– Keltari
Jul 26 '16 at 23:32
@Keltari That was my point, I think you meant to tag someone else?
– ILikeTacos
Jul 26 '16 at 23:34
+1, ...The phrase you are looking for (and that is less politically charged) is "at-will" employment. Overall good answer, though consulting a lawyer is a waste of money IF and ONLY IF the state/country/province of the OP has the "at-will" law and the clause in his/her employment documents (i.e. letter of offer, contract, etc.).
– B1313
Jul 26 '16 at 21:35
+1, ...The phrase you are looking for (and that is less politically charged) is "at-will" employment. Overall good answer, though consulting a lawyer is a waste of money IF and ONLY IF the state/country/province of the OP has the "at-will" law and the clause in his/her employment documents (i.e. letter of offer, contract, etc.).
– B1313
Jul 26 '16 at 21:35
1
1
OP not in US, please update or delete.
– Myles
Jul 26 '16 at 21:40
OP not in US, please update or delete.
– Myles
Jul 26 '16 at 21:40
@Myles I don't think this answer should be deleted. It doesn't answer the OP question, but it will be useful for people in the US landing here from google
– ILikeTacos
Jul 26 '16 at 23:30
@Myles I don't think this answer should be deleted. It doesn't answer the OP question, but it will be useful for people in the US landing here from google
– ILikeTacos
Jul 26 '16 at 23:30
1
1
@AlanChavez just because the answer doesnt answer the OPs question, does not mean it should be deleted. In reality, no answer should be deleted, unless it is spam, off-topic, etc.
– Keltari
Jul 26 '16 at 23:32
@AlanChavez just because the answer doesnt answer the OPs question, does not mean it should be deleted. In reality, no answer should be deleted, unless it is spam, off-topic, etc.
– Keltari
Jul 26 '16 at 23:32
@Keltari That was my point, I think you meant to tag someone else?
– ILikeTacos
Jul 26 '16 at 23:34
@Keltari That was my point, I think you meant to tag someone else?
– ILikeTacos
Jul 26 '16 at 23:34
 |Â
show 2 more comments
protected by Community♦ Jul 27 '16 at 5:26
Thank you for your interest in this question.
Because it has attracted low-quality or spam answers that had to be removed, posting an answer now requires 10 reputation on this site (the association bonus does not count).
Would you like to answer one of these unanswered questions instead?
I'm no lawyer but my (UK) understanding has always been that you always get your notice pay, whatever the circumstances, unless it's a 'gross misconduct' dismissal. And even then sometimes. Were you permanent or contractor?
– AakashM
Jul 28 '16 at 8:12
In the UK, there are legal minimum notice periods. You don't have the right to leave a job without giving some minimum notice, the company doesn't have the right to fire you without giving some minimum notice. But if both sides agree, that's not the case. You can go to your boss and say "I don't like this job, I want to quit and not work here anymore tomorrow", and the boss says "Ok, that's fine", and you both sign some paperwork, then the deal is done and you get paid up to the notice that you agreed upon - which is the end of today. Thread starter: You messed up.
– gnasher729
Jul 28 '16 at 13:59