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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I walked out and resigned from my job recently, however my

Customer Question

I walked out and resigned from my job recently, however my employer said he was unable to accept my resignation as under my contract of employment I was obliged to give 3 months notice.
My contract of employment was drawn up, however I took it back to my employer as there was a discrepancy with the salary stated - I had accepted a promotion which my employer thought I would work for the same money as my previous role. We agreed a new salary, but the revised contract was never issued - from memory he asked me to do the revision and reissue but due to workload it was not considered a priority.
The company trades under two company names (separate legal entities) - when the contract was originally drawn up I was working for the one company, however at the time of my resignation I was working for the other.
Since 'resigning' from the company I have been signed off by my doctor.
I need to know whether I am legally obliged to my employer to work 3 months notice and if so whether I can continue to be signed off until this time is spent.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. firstly can you please tell me how long you have been with your employer.

JACUSTOMER-s9czfr1d- :

I started working for the company through an agency on a temp to perm basis around the middle of September 2013. I was taken on as a permanent member of staff on the 1st November 2013 in the capacity of an accountant - however I was promoted to Finance Manager on the 24th February 2014. I walked out on the 1st October 2014.

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

First of all it is not possible for an employer to reject an employee’s resignation, even if it does not adhere to the contractual notice requirements. All the employer can do is to accuse the employee of breach of contract and after that they can consider taking legal action against them if they can show that they have suffered losses as a result of that breach.

In terms of what happened in your situation, if you were issued with a contract, which only had to be amended n one point (the salary) then even if it was not re-issued with the corrected salary, it would be valid for all remaining terms, including the notice period you had to give to resign.

You did however say you were employed by a different company at the time and unless the contract was transferred to this new employer, whether through agreement, or automatically (if your job had transferred to them under a business transfer), it would no longer apply. In that event you would only be obliged to give a week’s notice by law.

Finally, if you are signed off sick you are free to continue being signed off for the remainder of the notice period, as long as you can get sick notes to confirm that. Being off sick does not place the notice period on hold and will count towards it.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-s9czfr1d- :

I'm still not sure whether my contract is still valid - I would appreciate clarification.

JACUSTOMER-s9czfr1d- :

I am still not sure whether my contract is valid - I would appreciate further clarification.

JACUSTOMER-s9czfr1d- :

I am still not sure whether my contract is valid or not - I would appreciate further clarification.

My predecessor advised me when he was leaving the business, that it would be in my interest to be on the other company to the one I was on - when my boss left I asked the question of the owner of which company and it's payroll I should be on - this was when I moved over from one company payroll to the other on his advices.

Ben Jones :

the old contract would not be valid unless it was specifically agreed that you would move to the other employer under the same terms or that the contract would be transferred over to them when you moved. If no mention or agreement was made about this, then you would move on an implied contract, the terms of which would be determined by what was agreed after the move or based on what has been consistently applied since you moved

Ben Jones :

Does this answer your follow up query?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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