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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70168
Experience:  Qualified Solicitor
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I have recently resigned (01.09.20) and work wrote to me

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Good morning,
JA: Hi. How can I help?
Customer: I have recently resigned (01.09.20) and work wrote to me asking if I wanted to rescind my resignation. I wrote back and said I didn't and they are now saying my resignation will go from 09. 09.20 and not the 1st. Are they allowed to do that as i submitted my resignation letter on the 1st?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes.... I resigned on the back of a mediation meeting following a grievance I had submitted for bullying and unfair treatment. They employed an HR expert to run the initial meeting and the mediation. I did not feel it went well and following the person's return to work nothing appeared to have changed. In fact thete was another incident which caused me to go off sick with stress at work and whilst I have been off sick I have resigned. I was not going to take things any further but have now received a letter from the practice manager stating that they want to hold a formal grievance and I have been told to attend next Monday. They are now using an he expert in employment law who used to be a solicitor, to run the meeting. I am still off sick and do not want to I have also resigned.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

I am sorry to hear of your situation. What reason have they provided for wanting to change the date of your resignation and how long have you worked there for?

Customer: replied 1 day ago.
Good afternoon, I have worked there since November 2015.
They sent a letter saying that they thought I had resigned in the heat of the moment so we're asking that I rescind my resignation. I assume they are trying to move my resignation date forward to the 9th as that was when I said I did not want to rescind. However, that was never my suggestion anyway it was theirs.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and 2 other Law Specialists are ready to help you

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. The employer cannot do what they have proposed to do. You resigned on the 1st and even if they thought that this was done in the heat of the moment, all they have to do is check with you if that was the case and confirm whether the original decision stands or not. If you confirm that it did, then it simply means that the resignation on the 1st is confirmed and continues. It does not mean a new resignation is submitted on the day you confirm the original resignation stands. So you can assume that your employment would officially terminate at the end of the notice period, having started to run on the 1st.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Thank you for taking the time to leave your feedback - it was my pleasure helping you with your query. All the best