Resignation from work

[woozer]

On 3rd November I gave the company I have worked for for 11.5 years 2 months notice of my intention to leave on 4th January 2010. I did this out of courtesy to give them time to recruit a replacement. I have now had a letter from them saying that they accept my resignation but that my final day should be 23rd December 2009. This means that I will lose 2 weeks pay and my bonus which I am only entitled to if I am working for the company on the last day of 2009.

I am really very upset about this - can they do this to me legally ?

[dothawkes31]

If you read your staff handbook it will tell you how many weeks notice you need to give based on your full years of service and also how many weeks they have to give you based on the same calculation. If the minimum required weeks end on 23rd Dec, which I guess they do, then the company only need to legally accept your notice period up to that date. You may be entitled to unused acrued holiday pay for the period from April to 23rd Dec if you have any days owing.

[buildersmate]

Sorry, Dot, that is not right.
Woozer has done the decent thing and given the company more notice than contractually he/she has to. The company can't now turn around and demand that he leaves on a different date. They are effectively dismissing him - his contractual offer was to leave in January - and take all the holiday leave and public holiday leave as well. He is perfectly entitled to do this (unless something specific in his contract says he can't).
For such a dismissal to be 'fair' in the eyes of the law it must satisfy one of the fair reasons for dismissal. It doesn't.
The minimum statutory notice to be given in this situation is the longer of either:
1) what is specifically written in the employement terms (often one month)
2) one week per complete week of employement up to a maximum of 12 - so 11 weeks in the case of Woozer.
Go back and tell them that you consider that you are being dismissed by them, that you require to be advised what the reason for the dismissal is. Should get them running to someone who really understands the situation.

[TCL-MUMPING]

I agree wi BM. The notice period stipulated in contracts is the minimum period that must be given (although either side can agree to waive it) You have given notice and the employer has stated they have accepted it but they have given a different end date. If I were you I would contact them to say you take the 4.1.2010 date as the final date of employment and 23.12.2009 as the final day of work. Otherwise, as BM says they will be dismissing you and a claim for unfair dismissal may be considered.

[dothawkes31]

fair enough Builders mate and TCL, it does look like the company are accepting the minimum they can, does the company maybe close over the Christmas New Year period and they are allowing for this?

[woozer]

Hi Guys - thanks for your input - my soon to be ex company is open between Christmas and the new year and the guy I work as a team with has taken that week off to go ski ing - he returns on 4th Jan so I timed things to cover for him and have a day to give a proper handover - I wasnt trying to con a few free days out of the company .