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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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An employee has resigned - he has to give a months notice as

Resolved Question:

An employee has resigned - he has to give a months notice as per his contract - he actually wants to give a longer resignation period - can he be made to leave at the end of the months notice as we do not need him to be here longer?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Yes you may certainly reject the longer notice period he wants to give. If you do not accept this longer period then his employment would simply terminate on the date his contractual notice period would expire, counting from the date his resignation was submitted

Customer:

Thank you for the answer, obviously this is what I wanted to here but is there anything I can quote as substance for this opinion- a case a law etc?

Ben Jones :

I will check, in the meantime you can ignore any requests for further payment - the system may automatically send these out

Customer:

OK

Ben Jones :

There do not appear to be any cases that deal specifically with this but this is basic contractual law – the employer is contractually obliged to give a specific notice period to leave, they must adhere to that notice period. They cannot just nominate a longer notice period and expect the employer to be bound by that, otherwise someone could say they give you a 10-year notice period and say that you are bound to honour that, which of course would not happen. The key is that you directly refuse to accept a longer notice period and once the resignation has been submitted and you have made it clear you do not accept a longer notice, the notice would automatically start to run a and would automatically end on the date specified by the contract.

Ben Jones :

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? Thanks

Customer:

Thats great - Thank you

Expert:  Ben Jones replied 3 years ago.
You are most welcome, all the best
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