Resignation - HR Issue

[mg3091]

I appreciate all of your replies, I'm just going to work the Friday, do as little as possible and bugger off early lol, have a good laugh with colleagues on the last time of seeing them.

I feel I'm correct, boss feels he's correct, so it just ended up being one massive argument, eventually though as per usual, I roll over and just say I'll work it (but under protest) because I'm a good natured guy and let myself get walked over.

In response to a few of the replies, HR don't "expect" anything as there's technically no HR department, we are a sub contractor based at a specific site, the head of their HR dept agreed with me though that today should have been my final day.

Hey ho, it's technically dealt with now, appreciate the replies, some really good info

 

[dowie]

Yes but with the key word of 'received' not sent, which is the pertinent bit where what we're discussing is whether sending an out of hours email should constitute 'received' on the employers part or not.

That's in reference to a letter, an e-mail is received pretty much right after being sent, I think the important part there is that it's received *before* the working day on Friday ergo there is an entire working day of notice that can be commenced.

That's rather different to say handing in notice at 5pm on a Friday say, which would be reasonable to start the notice period the following Monday, likewise as with the letter example, if you're back from holiday and get to read it on the weekend then starting the notice period the following Monday seems reasonable.

I guess it's a bit moot now if the OP is working.

 

[Kenai]

That's in reference to a letter, an e-mail is received pretty much right after being sent, I think the important part there is that it's received *before* the working day on Friday ergo there is an entire working day of notice that can be commenced.

That's where our opinion differs - whilst in a technical sense an email might be instantly delivered, I would say it still isn't functionally received *until* the working day on Friday, when someone is actually there to receive and read it.

 

[dowie]

That's where our opinion differs - whilst in a technical sense an email might be instantly delivered, I would say it still isn't functionally received *until* the working day on Friday, when someone is actually there to receive and read it.

In reality, people have smartphones, but assuming that were the case that it isn't read I don't think it matters, it's there before the start of the working day.

Suppose the manager is a clock watcher, always finished at 5pm, doesn't check his phone after hours and the OP hands in his notice at say just before 5pm on a Thursday. What is the material difference between that and the e-mail being sent at say 6pm?

Either way the manager comes in at 9am the next day and deals with it then, there is still a full day of notice the OP can work.

Regardless of personal opinions of what should happen I've not found anything to state that it doesn't count, ACAS, citizens advice, and various legal webpages all just state the notice period starts the next day.

 

[ivrytwr3]

I appreciate all of your replies, I'm just going to work the Friday, do as little as possible and bugger off early lol, have a good laugh with colleagues on the last time of seeing them.

I feel I'm correct, boss feels he's correct, so it just ended up being one massive argument, eventually though as per usual, I roll over and just say I'll work it (but under protest) because I'm a good natured guy and let myself get walked over.

In response to a few of the replies, HR don't "expect" anything as there's technically no HR department, we are a sub contractor based at a specific site, the head of their HR dept agreed with me though that today should have been my final day.

Hey ho, it's technically dealt with now, appreciate the replies, some really good info

This doesn't sound 'dealt with' to me. HR are saying you do finish Thursday, your boss is saying Friday.

Will you get paid for Friday? I'd also be concerned about site access etc as previously mentioned. What if you have an accident? Will you be covered? What if something goes wrong etc? HR will be washing their hands of any issues as you have been told by them that you don't work there as of Thursday.

 

[Black Noir]

I appreciate all of your replies, I'm just going to work the Friday, do as little as possible and bugger off early lol, have a good laugh with colleagues on the last time of seeing them.

I feel I'm correct, boss feels he's correct, so it just ended up being one massive argument, eventually though as per usual, I roll over and just say I'll work it (but under protest) because I'm a good natured guy and let myself get walked over.

In response to a few of the replies, HR don't "expect" anything as there's technically no HR department, we are a sub contractor based at a specific site, the head of their HR dept agreed with me though that today should have been my final day.

Hey ho, it's technically dealt with now, appreciate the replies, some really good info

How did the final day go?

I'm amazed you went in after a massive argument particularly as you're aware that he's taking advantage of your good nature

Thinking about it further, does any employer truly expect any meaningful output on an employee's final day? In my experience, the last day is normally an early finish and an opportunity to give a gift (if they're ending with a decent stint or long service) plus some nibbles.

It all seems incredibly bizarre to have a shouting match with an outgoing employee and trust they'll turn up to do a job on the last day. The boss sounds like an idiot.

 

[HangTime]

My opinion is the notice period begins the next working day after the resignation is submitted. So any time on a Thursday would be fine.

In reality, people have smartphones, but assuming that were the case that it isn't read I don't think it matters, it's there before the start of the working day.

Suppose the manager is a clock watcher, always finished at 5pm, doesn't check his phone after hours and the OP hands in his notice at say just before 5pm on a Thursday. What is the material difference between that and the e-mail being sent at say 6pm?

Either way the manager comes in at 9am the next day and deals with it then, there is still a full day of notice the OP can work.

You don't even need to make the manager a clock-watcher, even if the email was sent at 4:30pm they still might not read it, they might be in a meeting from 4-5pm and then be catching up on some other activity like other emails that arrived before it and finishing at 17:15 without having read the email. Really the email is just a way of creating an audit trail of your resignation request.

When I've resigned in the past what I've done is speak to my boss, then send written confirmation via email copying in HR and BCC my personal email address. That way it doesn't really matter if my line manager reads the email straight away or not, I have a record of it being submitted to the HR department.

 

[mg3091]

How did the final day go?

I'm amazed you went in after a massive argument particularly as you're aware that he's taking advantage of your good nature

Thinking about it further, does any employer truly expect any meaningful output on an employee's final day? In my experience, the last day is normally an early finish and an opportunity to give a gift (if they're ending with a decent stint or long service) plus some nibbles.

It all seems incredibly bizarre to have a shouting match with an outgoing employee and trust they'll turn up to do a job on the last day. The boss sounds like an idiot.

The final day was easy, I got another guy in to help me finish sooner, then I just left.

Yeah I know I'm a good natured person, I always give in in the end, whether I'm right or wrong.

Early finish was a definite there! Start at 6, finish at 2 usually, I finished my tasks by 7:30 lol then left at 9:30, just spent a couple hours walking round the factories talking to people and wishing them well for the future etc, boss didn't even come in to see me or to say goodbye or thanks for my work over the past two years.

It was certainly bizarre, he claimed I got my final date wrong, simply so I'd be on site, I called him out on it but he never admitted that's what the case was.

Anyhoo, I'm outta that job now and got a new start on Monday, so time to write the next chapter in life!

 

[NickK]

In government law, a law passed any time during the day is applicable right back to the start of the day. That's why you can have a transaction lawful at the start of the day and illegal at the moment the law is passed at 3pm! (this is the case for accountancy law but you'd need to check for HR/contract law with CAB)