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Hi, hope someone can advise here.

 

I have worked at the same company for 6 years now and gradually worked my way up to a manager, there has been a lot going on in the company (staff changes, financial problems etc) which have left me no option but to look for a new job. I had a interview at the start of the month and have since been offered the position pending references and DV Security clearance.

 

My current boss, who is the MD (small company) does not know I have been looking elsewhere. In my contract it states that I need to give a minimum of 4 weeks notice. The issue is that my new employer cannot give me a start date until my DV comes through, that can take months sometimes. I would not have a issue with just waiting, but to get my DV clearance they will need to get a reference from my current Boss. If that was to come through before I told them then it would cause friction and he is the type to hold a grudge.

 

Am I well within my rights to inform him that I have accepted another position but I am not resigning yet, he will recieve reference requests which he needs to fill in and I will submit my resignation letter once I have a start date. I will ensure that this covers the 4 week notice period.

 

Apart from him being funny towards me, there is no legal action he could take or sack me from the company? I am not employed by my new employer until the DV clearance comes through, the company I am going to do the same sort of work just on a much larger scale, they are not direct competitors .

 

Cheers :)

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Tough call, but I would say that you just have to take a deep breath and say that out of courtesy, it is only fair to let your boss know that you have been looking at opportunities to progress so that he is not surprised when asked for information. Simply tell him that you cannot confirm whether or when you will be handing in your notice due to the position(s) you have applied for requiring DV clearance, but that if you are successful you will of course provide the maximum amount of notice possible.

 

Business is business, and people come and go all the time. You cannot be sacked for looking elsewhere, and you are not threatening to leave them in the lurch. There is a possibility that (if there is a perceived security or confidentiality issue) were you to say that you have already accepted another position then you could be put on gardening leave, hence why I suggest that you merely state that you are looking around at present.

 

If your current employer is in the same line of business then they will appreciate how long the required security checks take.


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Tough call, but I would say that you just have to take a deep breath and say that out of courtesy, it is only fair to let your boss know that you have been looking at opportunities to progress so that he is not surprised when asked for information. Simply tell him that you cannot confirm whether or when you will be handing in your notice due to the position(s) you have applied for requiring DV clearance, but that if you are successful you will of course provide the maximum amount of notice possible.

 

Business is business, and people come and go all the time. You cannot be sacked for looking elsewhere, and you are not threatening to leave them in the lurch. There is a possibility that (if there is a perceived security or confidentiality issue) were you to say that you have already accepted another position then you could be put on gardening leave, hence why I suggest that you merely state that you are looking around at present.

 

If your current employer is in the same line of business then they will appreciate how long the required security checks take.

 

Thanks for your help, the issue is that i require a reference for the security clearance and also for the employer. My current employer does not require the SC but does the same line of work, just a smaller scale.

 

If I was put on gardening leave would they have to provide me with full pay even though I have not handed in my notice. All I can do is be honest and see what happens, I just wanted to know I was doing it by the book to say.

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Thanks for your help, the issue is that i require a reference for the security clearance and also for the employer. My current employer does not require the SC but does the same line of work, just a smaller scale.

 

If I was put on gardening leave would they have to provide me with full pay even though I have not handed in my notice.

 

Yes. You are not terminating the contract until you provide formal notice, so would be entitled to all of the normal benefits of your employment (wages, holiday accrual, pension, company car, medical insurance - whatever you would normally receive if you were actually attending work). The employer cannot terminate your contract just because you are intending to go elsewhere, for that would be wrongful dismissal, so if they do not want you to attend the premises for whatever time it takes for you to hand in your notice and serve out notice having done so, then they still have to pay you in full.

 

All I can do is be honest and see what happens, I just wanted to know I was doing it by the book to say.

 

Honesty will certainly earn you more respect, even if the boss doesn't like it. Even though any reference cannot be influenced by the annoyance that you are leaving - it must be factual and honest, by being up front with him it will probably stand you in good stead - DV clearance will probably involve a far greater scrutiny of references than is the norm, so much better that he is aware of what is going on.


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My college has just made a good point, if I go to him and then state that I am leaving and he accepts that I am not actually handing in my notice. What would happen if in a couple of weeks time he then comes to me and gives me notice that he is terminating my contract due to the post no longer being required.

 

At our company the structure is currently

 

2 x Engineers

iiiiiiiiiiiiiiiiiiiiiiiiiiiii

Myself (Manager)

iiiiiiiiiiiiiiiiiiiiiiiiiiiii

Managing Director

 

Would it be grounds of unfair dismissal if he terminated my contract stating the post was no longer needed, even if the circumstances had not changed in the company or the amount of clients that it is serving.

 

If he tried to do this on a financial stance would he not have to offer a pay cut before terminating my role. The company is in ~50k of debt and 1 director has recently left due to stating the company was insolvent.

 

I want to ensure that I have all information before I do this, the DV clearance can take up to 4 months to come through and I cannot afford to be without a job during this period.

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I remember seeing that you can give notice that you will be resigning from a particular date. But I don't suppose you're in a position to give a date?

 

If it's a minimum of 4 weeks' notice, I wonder how much that could be increased to?

 

Sorry if I'm rambling, I was just trying to think of ways around your problem. And you're definitely on 4 weeks notice? That doesn't sound very long for a manager.

 

HB


Illegitimi non carborundum

 

 

 

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I remember seeing that you can give notice that you will be resigning from a particular date. But I don't suppose you're in a position to give a date?

 

If it's a minimum of 4 weeks' notice, I wonder how much that could be increased to?

 

Sorry if I'm rambling, I was just trying to think of ways around your problem. And you're definitely on 4 weeks notice? That doesn't sound very long for a manager.

 

HB

 

HoneyBee

 

The issue is that a reference request might come through before I have spoken to my boss. I do not have a confirmed start date so cannot say when I will be leaving yet.

 

I have checked the contract and it states that I must give a minimum of 1 month, I was going to give as much as possible to ensure that there is very little "bad blood" between myself and my boss, he is know to hold grudges.

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As a side issue, be totally honest with the DV people. They won't ask you a question unless they already know the answer.

 

They know who you call, what you put in your text messages, and what websites you look at.

 

Don't worry too much about it, I know of someone who spent half his free time looking at some rather 'interesting' websites, and he still got DV.

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DV and SC clearance I am not to bothered about, it's my current job that I am.

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If the boss were to decide that you were no longer needed, then he would still have to give you the required period of notice, so I guess that you may need to play a waiting game. To 'get rid of you' he would either have to dismiss you for an act of misconduct, or make you redundant, so assuming that he took the latter action, then there would be a consultation and selection process (although that can be short-tracked or non-existent), your notice period and you would be entitled to a redundancy payout. Decide on the appropriate time to tell the employer, and that could take you close to when you expect the clearance to be confirmed.

 

I think it is normal to have an individual case officer responsible for overseeing your clearance - if so, could you not ask for a best guess as to what stage your employer might be contacted and explain your concerns? Mind you, depending what stage the process is at they may well be aware that you have posted this question and already be aware of your worries :eek:


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If the boss were to decide that you were no longer needed, then he would still have to give you the required period of notice, so I guess that you may need to play a waiting game. To 'get rid of you' he would either have to dismiss you for an act of misconduct, or make you redundant, so assuming that he took the latter action, then there would be a consultation and selection process (although that can be short-tracked or non-existent), your notice period and you would be entitled to a redundancy payout. Decide on the appropriate time to tell the employer, and that could take you close to when you expect the clearance to be confirmed.

 

I think it is normal to have an individual case officer responsible for overseeing your clearance - if so, could you not ask for a best guess as to what stage your employer might be contacted and explain your concerns? Mind you, depending what stage the process is at they may well be aware that you have posted this question and already be aware of your worries :eek:

 

I was actually getting confused, it is the SC that is holding up my application. The DV comes after that and can be done while I am in my new job. I know during the DV clearance they check what websites you have been on, however as long as you are honest then there should not be any issues.

 

Spoke to my boss last night and he was very amicable, just said I would keep him informed and give him as much notice as possible. He did mention that he did not know what the future of the company would hold. If he put the company into liquidation and made us all redundant then would he still have to pay me redundancy pay even if I was serving my notice period?

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If the effective date of leaving fell before your notified date of leaving, yes.


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