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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45392
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Good morning. I started a job as GP receptionist at the beginning

Customer Question

Good morning. I started a job as GP receptionist at the beginning of the year. Recently after a very upsetting episode I told the practice manager that I felt I wasn't suited for the job and would be looking for new employment. Yesterday she informed the other members of staff, via email, that I had resigned and that my job will be advertised but I will be staying in post until the post is filled. I'm wondering if my employers are permitted to a) tell staff I have resigned when I haven't, and b) it feels like I'm being sacked. Thank you.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long is your notice period?

Customer:

4 weeks

Ben Jones :

Do you know how long it may be before you are let go?

Customer:

there will be 2 weeks until the closing date for the job advertisement and then the period of time that the successful candidate has to give notice to their employer, so 6 weeks probably.

Ben Jones :

Whilst the employer’s actions are morally wrong, legally they may not be that difficult to implement. The main issue here is your length of service – until you have at least 2 years’ continuous service with an employer you are not protected against unfair dismissal, which means you could be sacked or forced to resign for more or less any reason, with a few exceptions which do not appear to apply here.


 


So you may have not actually resigned, which I agree is the case here, but there is nothing stopping the employer from turning around and sacking you instead. They must still give you the required notice as per your contract but they can legally dismiss you at any time.


 


So for clarity you may want to write to the employer and formally place on record that you did not resign and have no intention of doing so just yet and were simply informing them that you are seeking new employment. However, you have provided no formal notice of resignation and as such this should not be treated as a resignation just yet. They could just accept that and allow you to work as long as you want, but as mentioned they could also give you 4 weeks’ notice of dismissal at any time and terminate your employment once that period has expired.

Customer:

I will take your advice and notify them that I have not formally resigned. Thank you Ben.

Ben Jones :

you are most welcome

Customer:

I would like to click the 'excellent service' face but for some reason, it's not accepting it. Also, there is no submit button.

Ben Jones :

it is a glitch, not to worry we can process it manually later, thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45392
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Thank you I see it worked. Can I just ask you on what happened that allowed you to leave a rating, did the option it just appear by itself eventually? Thanks

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