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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48474
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have recently handed in my resignation and was asked, via

Customer Question

I have recently handed in my resignation and was asked, via my immediate line manager in an email, not to make it public until HR had received and responded to my letter of resignation. HR have now responded but they did not include any details about how my resignation was to be handled. Based on a few emails from colleagues, I suspect it has been announced to certain members of the team. Anyway, clearly I do need to start letting people know of my resignation and that I will be available for work. How do I handle this? My contract states all notices should be in writing so am assuming I should write to HR (and not reply to line manager in email) stating that I will be notifying people of my forthcoming availability. Can you advise, please?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know how long do you have left on your notice period?
Customer: replied 4 years ago.

five and half months.

Customer: replied 4 years ago.

Are you there?

Expert:  Ben Jones replied 4 years ago.
Was the only condition that you had to receive a response to your resignation from HR, without going into specifics of what this response was to contain?
Customer: replied 4 years ago.

It was a request: "can I ask you not to make it public yet? and we'll agree how and when to announce it." I assumed this meant an internal announcement - which appears to have happened. I didn't respond to the email as it was a request rather than an order. And that's what I wanted to check on, too. Can such a condition be imposed? There's nothing in my contract regarding the same. Is it okay for me to announce it outside of the company? I will do so discretely.

Expert:  Ben Jones replied 4 years ago.
Your employer cannot prevent you from discussing your resignation in terms of applying for new jobs for example, although they can request that you do not discuss it internally with other staff and externally with the company's clients. However, if such requests are made they should not work in a way to affect your future employability, meaning that if you wish to go and work for one of your employer's clients and assuming there is no contractual restriction to affect that, they should not stop you from talking to them if you wish to.

As there is still dome uncertainty over the employer's request and how seriously they are taking it, I would certainly advise that you confirm with them before you do anything. You would not want the employer to accuse you of insubordination or refusal to follow a reasonable request so even if it is apparent that your resignation has already been leaked it is best to have something in writing from them confirming they are happy for you to discuss your resignation with others.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Customer: replied 4 years ago.

Okay, thanks. Who should I write to? Line manager or HR? And, does my writing to them about this count as a 'notice'?


 


"You would not want the employer to accuse you of insubordination or refusal to follow a reasonable request" I certainly don't! :) But, such a request, I'd say, is actually unreasonable, surely?

Expert:  Ben Jones replied 4 years ago.
Such a request is not necessarily unreasonable - as mentioned they can reasonably ask you not to discuss this with staff or clients so as not to affect the business.

I would write to the manager as he is the one that made the request in the first place.

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.
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Customer: replied 4 years ago.

"Such a request is not necessarily unreasonable - as mentioned they can reasonably ask you not to discuss this with staff or clients so as not to affect the business."


 


That makes sense but surely has to be balanced with my rights to discuss my resignation discretely outside the company? Know you've referred to this before but would like to be 100% clear.


 


Will write to manager. Is it okay to reply to the original email or, as stated in my contract, should I send, if it's considered a 'notice' via snail mail?

Expert:  Ben Jones replied 4 years ago.
Yes, you should not be prejudiced from seeking new employment and cannot realistically be prevented from seeking a new job. The requirement to hand in notice in writing would only apply if you were submitting your official resignation, which I understand you have already done. So any subsequent communication in relation to the resignation can be done via email.
Customer: replied 4 years ago.

Thank you. :)

Expert:  Ben Jones replied 4 years ago.
My pleasure, all the best