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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48168
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can an employer keep you silent about your resignation e.g.

Customer Question

Can an employer keep you silent about your resignation e.g. stop you from telling other employees or 3rd parties? My employer has asked
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
I handed in my resignation 2 weeks ago and I have 6 month notice period. I have been employed for 14 years and in a senior role. Employer does not want me to go public until March. I don't want to do this as I need to use my network and agencies to get another job. So can my employer legally as my to do this or I can refuse?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Please just answer via mail
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. I have been asked to look at this. What do you want to go public about?
Customer: replied 1 year ago.
That I have resigned and when I say public I mean not press but telling other members of staff, suppliers and clients
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Generally, an employer would need a contractual clause to enforce such a request, although there may be limited circumstances when that may be possible even in the absence of such.
This could happen when disclosing such information could adversely damage their business and this would be seen as a reasonable request by the employer. For example, telling fellow employees could affect morale, telling clients could make them terminate their business with the employer and so on. It would really depend on how adverse such a revelation would be and whether a gagging clause would be considered reasonable. You cannot be forced to keep quiet but if you do not the employer could try and treat this as a misconduct matter for failing to follow a reasonable instruction. The fairness of such action would really depend on the initial reasonableness of their request. In any event, if they go that far you could challenge their actions either by raising a grievance or appealing any official decision taken against you.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.