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Employment Problems Do you have problems at work for any reason including disability, harassment, discrimination? Are you facing disciplinary action? Are you failing to get employment because of some disability or discrimination problem? Discuss it here.


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Old 21st June 2008, 22:48   #1 (permalink)
ozzywizard
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Default Resignation.

If I hand in my contracted notice of 4 weeks in writing and the company decide to terminate my employment with imediate affect, does the company have to pay me for the full 4 weeks ?
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Old 21st June 2008, 22:55   #2 (permalink)
Ell-enn
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Default Re: Resignation.

Hi there, sometimes employers will ask employees to leave as soon as they hand in their notice for security reasons, especially if they are going to work for a competitor, they would then have to pay in lieu of notice.

If you resign you have terminated your employment, not your employer.

Kind Regards

Ell-enn
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Old 21st June 2008, 22:59   #3 (permalink)
Hobbie
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Default Re: Resignation.

A previous colleague attempt to hand her notice in when she was informed of a disciplinary, she was told "You can not resign during this process."

Anyway, eventually she was cleared during the hearing and still resigned, and as Ell-enn says her notice was accept and she was required to leave soon as practicable and paid her notice period.
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Old 21st June 2008, 23:09   #4 (permalink)
ozzywizard
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Default Re: Resignation.

Thanks heaps to both of you, just trying to help a colleague.
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Old 22nd June 2008, 00:36   #5 (permalink)
Sparkles100
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Default Re: Resignation.

Hi,

If you have been working for them less than 2 years I believe atatutory notice is 1 week unless the contract which you signed was for more. If the contract states that the employer and employee must give a months notice then they must pay yopu a month in lieu of notice.

I think!
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Old 22nd June 2008, 00:56   #6 (permalink)
Hobbie
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Default Re: Resignation.

Quote:
Originally Posted by Sparkles100 View Post
Hi,

If you have been working for them less than 2 years I believe atatutory notice is 1 week unless the contract which you signed was for more. If the contract states that the employer and employee must give a months notice then they must pay yopu a month in lieu of notice.

I think!
Agreed.
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Old 22nd June 2008, 09:54   #7 (permalink)
zazen.warrior
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Default Re: Resignation.

Can someone please clarify for me: an employer can refuse to let you resign because they are carrying out a disciplinary process of some sort?

This sounds like slavery or serfdom not employment.

I know of several people where I work who have left under just these conditions and without objection.

I am not under any disciplinary action but I would hate to think they could start one and refuse to let me leave.

Am I just confused here???
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Old 22nd June 2008, 22:31   #8 (permalink)
Sparkles100
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Default Re: Resignation.

I'm sorry but I don't know the answer to that one. I would guess that you can resign at any time. The disciplinary (depending how serious!) would either ne cancelled or go on even if you are no longer employed, but I would think it would have to be serious to need police intervension.

I would check this with Citezens Advice Bureau first, they can put you in touch with free legal advice clinics etc.

All the best,

Sparkles
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