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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50148
Experience:  Qualified Employment Solicitor
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Employment Law
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I resigned from my employer whilst under probation, and instead

of the statutory one weeks... Show More
of the statutory one weeks notice , I offered to stay for a month to help the company with an important project.
I have 9 days left, but they now wish to commence an investigation for a clash of interests and go down possible disciplinary action.
Can I offer to finish the notice period ASAP with prejudice ?
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Ask Your Own Employment Law Question

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Did the employer formally accept your offer to remain for longer than the week's notice period?

Customer: Yes they did, with the " offer of a glowing reference"
Ben Jones :

Once you make the offer of a longer period and the employer accepts it, you are both bound by it - it would be treated as an amendment to any current contract that is in place or create its own binding agreement. So if you try and leave earlier than planned it could amount to breach of contract. Highly unlikely that they would actually make a claim against you for that but they could instead say you had resigned in breach of contract pending a disciplinary investigation

Customer: So my planned investigation meeting is 4 days before I finish, what is my best course of action/ defence at this meeting to avoid any quick disciplinary action in the 4 days before I finish
Ben Jones :

whilst no one can guarantee you will avoid this action if the employer wants to proceed with it, one possible way is to get signed off sick and use that as a reason for not being able to attend. The employer may still try and proceed in your absence though. The other option is of course just to leave as discussed above, subject to the risk of receiving a reference that states that

Customer: I have a reference from my previous employer I can use, so perhaps it's best to attend the meeting and offer to resign there and then?
Ben Jones :

if a reference from them is not imperative then you may do so indeed, or even resign before that

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: Ok
Customer: Ok, the meeting is planned for 10am Thursday, I will notify them that I will resign with immediate effect Thursday at 9am. Is that an option
Ben Jones :

yes you can do so - a mentioned it is potential breach of contract but very unlikely to be pursued by the company - simply not worth their time an money

Customer: Ok many thanks
Ben Jones :

you are most welcome, all the best