Resignation - HR Issue

mg3091 · 27 Oct 2022 at 08:30

Hi all, hopefully there’s some clued up HR folk in here.

Simply put, I’m required to give 4 weeks notice for my job, this was given at 18:44 on Thursday 29th September.

In theory this makes today, Thursday 27th October my final working day…

Correct? If so, why?
Incorrect? If not, why?

Basically my boss is claiming I have to work tomorrow too but I’m not convinced, I think he’s just trying his luck to get an extra days work out of me since he has nobody else that can work tomorrow.

SPG · 27 Oct 2022 at 08:35

First check your bank account have you been paid up, if so then don't worry about it.

Cadder · 27 Oct 2022 at 08:38

If you work it you will get paid for it wont you? Unless there's a reason you need tomorrow off it might be best to just do it to keep them happy and forget about the legality of it. It could help with references for future work.

If you really want to pursue it, in my eyes (no HR background) it's 4 weeks from the day, never mind the minute. Work until 18:44 and I'd imagine that's the requirements met.

mg3091 · 27 Oct 2022 at 08:40

SPG said:
First check your bank account have you been paid up, if so then don't worry about it.

No, I don’t get paid until the final calendar day of the month, I don’t have an issue with losing a day’s pay tbh

Rroff · 27 Oct 2022 at 08:43

Did you specify the final day you'd be working in the letter?

mg3091 · 27 Oct 2022 at 08:44

Rroff said:
Did you specify the final day you'd be working in the letter?

Yes I did, this was what I wrote:-

“I understand I am obligated to give four weeks notice, so as of today’s date this will make my final working day Thursday 27th October 2022”

SPG · 27 Oct 2022 at 08:46

Then your done.

Kenai · 27 Oct 2022 at 08:49

I can see a particularly fussy company trying to argue 18.44 was outside of working hours (assuming typical 9 to 5) and so they didn't receive your notice until Friday but if that's the case, they probably ought to have objected to / corrected your proposed final working day in your resignation letter.

Rroff · 27 Oct 2022 at 08:51

Kenai said:
I can see a particularly fussy company trying to argue 18.44 was outside of working hours (assuming typical 9 to 5) and so they didn't receive your notice until Friday but if that's the case, they probably ought to have objected to / corrected your proposed final working day in your resignation letter.

Indeed that is what we'd have done - if we had any objection to the final day they were expecting to work to we'd have sat down with them within a reasonable time post the resignation being tendered.

Deleted member 77746 · 27 Oct 2022 at 08:55

What they going to do sack you? They still have to pay you regardless if you work it tomorrow or not.

mg3091 said:
Yes I did, this was what I wrote:-

“I understand I am obligated to give four weeks notice, so as of today’s date this will make my final working day Thursday 27th October 2022”

That's it then. You have told them what your going to be doing. No more questions asked. They can't make you.

Kill_Phil · 27 Oct 2022 at 08:55

Kenai said:
I can see a particularly fussy company trying to argue 18.44 was outside of working hours (assuming typical 9 to 5) and so they didn't receive your notice until Friday but if that's the case, they probably ought to have objected to / corrected your proposed final working day in your resignation letter.

This tbf. To flip parties here, as an employer I'd be treating this as being received the following working day

Why did you leave it to nearly 7pm to give notice?

mg3091 · 27 Oct 2022 at 08:55

Rroff said:
Indeed that is what we'd have done - if we had any objection to the final day they were expecting to work to we'd have sat down with them within a reasonable time post the resignation being tendered.

Exactly, my hours are 6-2 but he didn’t even acknowledge my email until the Tuesday after I’d sent it, then has made no indication that my notice was not sufficient.

mg3091 · 27 Oct 2022 at 08:57

Kill_Phil said:
This tbf. To flip parties here, as an employer I'd be treating this as being received the following working day

Why did you leave it to nearly 7pm to give notice?

I’d worked some overtime that day so I did it after I’d sat down, had dinner and made my final decision that I was definitely going to give the resignation

Kill_Phil · 27 Oct 2022 at 09:35

mg3091 said:
I’d worked some overtime that day so I did it after I’d sat down, had dinner and made my final decision that I was definitely going to give the resignation

For the sake of a day and souring relationships I'd just work the extra day.

I'm guessing you potentially may need to rely on this company for future references?

Jester* · 27 Oct 2022 at 13:01

I am working my last day at my current employer tomorrow. When I sent in my letter of resignation, stated a leave date, my manager and HR responded with the agreed date.

If you have it agreed, then you finish today.

dowie · 27 Oct 2022 at 13:52

Was this via e-mail? It's generally polite to speak with them before you formally submit your notice.

AFAIK notice periods start the day after you resign so I believe you're correct, I've not seen anything mention working hours etc.. just that they start the day after.

Did you usually have communications/e-mails after working hours or did they acknowledge it that evening - in which case I don't think there's any ambiguity there, you handed in your notice on the Thursday, your notice period started on the Friday and today is your last day.

Kenai said:
I can see a particularly fussy company trying to argue 18.44 was outside of working hours (assuming typical 9 to 5) and so they didn't receive your notice until Friday but if that's the case, they probably ought to have objected to / corrected your proposed final working day in your resignation letter.

It's interesting, I'm not sure that matters as he's working this Thursday and so he's still worked Friday -> Thursday inclusive 4 times over + the notice was handed in the day before that period started.

If he'd handed it in on Friday it would start the following Monday/working day, all I can find online just states the notice starts the next working day (ergo implying any time before midnight technically counts).

I guess perhaps there is something covering it in the contract?

If they acknowledged it that day or usually have contact after working hours then I can't see the boss having any good argument here.

dlockers · 27 Oct 2022 at 14:03

Just return your work gear at 9am on Friday. That's what our lot do when they quit, lol..

Kenai · 27 Oct 2022 at 14:03

dowie said:
AFAIK notice periods start the day after you resign so I believe you're correct, I've not seen anything mention working hours etc.. just that they start the day after.

Did you usually have communications/e-mails after working hours or did they acknowledge it that evening - in which case I don't think there's any ambiguity there, you handed in your notice on the Thursday, your notice period started on the Friday and today is your last day.

It's interesting, I'm not sure that matters as he's working this Thursday and so he's still worked Friday -> Thursday inclusive 4 times over + the notice was handed in the day before that period started.

If he'd handed it in on Friday it would start the following Monday/working day, all I can find online just states the notice starts the next working day (ergo implying any time before midnight technically counts).

(Sticking with my original caveat of 'typical working hours') Their argument will hinge on whether they consider Thursday evening after working hours to be 'handed in on Thursday'.

I would expect most employers would consider that to be 'handed in' on Friday when someone is actually back in work to receive it, then the notice period starts from next working day being Monday, final day 4 weeks Friday.

If as you say, the business runs outside of typical hours anyway, then it's much more clear cut that the resignation was notified on the Thursday and the notice period began on Friday, final day 4 weeks Thursday.

Far easier to just do these sort of things during obvious working hours on a Friday

Pudney · 27 Oct 2022 at 14:15

Kenai said:
(Sticking with my original caveat of 'typical working hours') Their argument will hinge on whether they consider Thursday evening after working hours to be 'handed in on Thursday'.

I would expect most employers would consider that to be 'handed in' on Friday when someone is actually back in work to receive it, then the notice period starts from next working day being Monday, final day 4 weeks Friday.

If as you say, the business runs outside of typical hours anyway, then it's much more clear cut that the resignation was notified on the Thursday and the notice period began on Friday, final day 4 weeks Thursday.

Far easier to just do these sort of things during obvious working hours on a Friday

I think this interpretation is most sensible, if you knowingly send a notice of resignation when the employer is unable to receive it I would expect the notice to be treated as soon as the notice would be expected to be actually received. I'm fairly certain a valid resignation needs to be received as well as sent.

Important that it's definitely not when the employer actually reads it, so if they left it unread for 3 days the fault is on them.

Black Noir · 27 Oct 2022 at 14:26

Agreed. If you posted a letter through the door on Saturday morning you couldn't claim Saturday & Sunday as days 1 and 2, so they might argue that Friday is when you officially gave notice because it was posted outside of "core hours" on Thursday (this assumes a standard 9-5 working week).

However, on the flip side you've given them a specified date on which you intend to resign... if they've accepted that and haven't raised it with you in the past 3.9 weeks then that's on them! I wouldn't go in personally.