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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 1845
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I'm handing in my notice at work tommorow because I've been

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I'm handing in my notice at work tommorow because I've been threatened with termination of employment. can they refuse my resignation if the decision has been made to fire me even if I hand the notice in before the meeting?
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: no. but I know I'm on my last warning and will most likely lose my job tommorow
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm on probation. have my notice letter ready. just wondered if they can refuse my resignation
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello my name is ***** ***** I can help with this matter.

Customer: replied 7 months ago.
can my resignation be declined if a decision to end my employment has already been made?

The short answer is no. The company cannot refuse you're resignation. Although some employer's don't understand this and will write to say that they do not accept a resignation. However, they cannot force you to remain in a contract. The only procedural issue would be that they may decide to continue to move forward with the disciplinary in your absence. To be honest if they do then this won't really make any difference to you. The only issue would be that you would probably have difficulty securing a reference from them in the future. However, to answer your question, no they cannot refuse your resignation.

I hope this information has helped.

Kind regards

Ross

Customer: replied 7 months ago.
shall I go to work early to hand it in or just go to work at 1pm whrn my shift starts?

If you resign with immediate effect then no, however you may have to give a notice in terms of your contract and they may decide to dismiss you prior to that notice period expiring, but all in the same result will happen. Is there any particular reason you wish to resign if you think you are going to be dismissed?

If you are taking the decision to resign with immediate effect then you can simply do this in the morning.

Customer: replied 7 months ago.
I don't want being fired on my record!
Customer: replied 7 months ago.
if HR has decided to let me go can my resignation be declined? and if I hand my notice in before I'm told I've been fired they have to accept it??
Customer: replied 7 months ago.
they cant say "you've been sacked so we wont accept your resignation"

Yes, if you hand it in before they make any decision then they will have to accept it. No they can't do this as they have to invite you to a formal meeting before you can be dismissed. However, even if they do take the decision to dismiss you, there is no "record" that any other employer can access to see that you were dismissed. The only way any future employer would know this would be if they contacted your current employer for a reference. There is no online record (for example) to show that you have been dismissed from any job.

I hope this information has helped.

Kind regards

Ross

Customer: replied 7 months ago.
thanks. I'll hand my notice in as soon as I get to work. they have to accept it as I havent been informed that I've lost my job??
Customer: replied 7 months ago.
they cant say that oh sorry you cant resign you've been fired?? sorry for repeating

No they can't do this they have to follow a formal process to dismiss you. So no they can't do that.

Kind regards

Ross

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