Can my employer shorten my notice period after handing in letter of resignation?

by **arvad** » Mon Dec 12, 2011 5:11 pm

I applied for a new job around a month ago and have just been told I've been successful, but it doesn't start for another six weeks. I only have to give one weeks notice according to my contract but I'd like to be as helpful as possible and give a longer notice period as there has been staff shortages recently and other managerial changes, which involve myself. The problem is I'm concerned that by giving a longer notice period than needed they could ask me to leave after one week, as this is all that's in my contract. Could they do this? Are they allowed by UK law? Obviously due to staff shortages I think it would be unlikely they'd do this, but I can't afford to be out of work for over a month and they could be petty about the issue. I'm not leaving for a competing company and I've made them aware that my career goals lie elsewhere.

Any help would be great!

by **gwynethpaltrow8** » Mon Dec 12, 2011 5:12 pm

No they cannot shorten your notice period. If you tell them you are leaving in, say, 6 weeks then that is a unilateral act - it is yours alone. They do not 'accept' your resignation, as is commonly but wrongly believed. Therefore, it follows they cannot specify another date.

In theory they could dismiss you during your notice period. And if you have less than a year's service they can do so with little risk. If you have longer service, it would have to be a fair dismissal, and 'revenge' for you giving notice is not a fair reason.

You could still help you current employer, but reduce the risk, by giving 2 or 3 weeks notice. But don't feel too concerned for them; you come first now.

Good luck with the new job.

by **fitche** » Mon Dec 12, 2011 5:15 pm

IF you only need to give one week's notice, then hand in your notice in 5 weeks, not just now

They have to honour your request if you hand in your notice, so they can't keep you longer than 1 week, or they would be breaking the law
By UK law, they let you go when the week's notice is up,
so hand in your notice when you have 1 week to go until your new job

by **napayshni65** » Mon Dec 12, 2011 5:22 pm

IF you only need to give one week's notice, then hand in your notice in 5 weeks, not just now

They have to honour your request if you hand in your notice, so they can't keep you longer than 1 week, or they would be breaking the law
By UK law, they let you go when the week's notice is up,
so hand in your notice when you have 1 week to go until your new job

if its in your contract that they only need a weeks notice then I would wait and give them the weeks notice a bit later if you want to work on for a bit longer as yes they can end your employment after the weeks notice legally as thats all that is required contractually

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