[Moony]

Does anyone work in HR that can give me some advice.

If I resign from my job by email and don't specify the notice period I am giving in my resignation - should HR assume the resignation is is accordance with my contract of employment (i.e. its the first day of my notice period) - or do they assume it is effective immediately (i.e. I am leaving on that day and not coming back, in breach of contract)?

Thanks

[c4rv]

Why don't you state it on your resignation letter that you intent to work notice period or take your remain holiday and state which day you believe to be your last day at work.

[AnnaliseZ]

What do you want to do - Resign from a job or walk out of a job?

[MrsBambi]

I don't work in HR, but at my last job, I emailed my resignation and they told me what my notice period was (according to my contract.)

[Moony]

Originally Posted by c4rv

Why don't you state it on your resignation letter that you intent to work notice period or take your remain holiday and state which day you believe to be your last day at work.

Assume its already been sent - but I wished to resign in accordance with my contract.

(this is a hypothetical scenario based on what a friend is going through).

[Moony]

Originally Posted by AnnaliseZ

What do you want to do - Resign from a job or walk out of a job?

See above.

[Button62]

Originally Posted by Moony

Assume its already been sent - but I wished to resign in accordance with my contract.

Why didn't you tell them that then ?

Your HR department will contact you and tell you what your contractual obligations are anyway.

[Moony]

Originally Posted by Button62

Your HR department will contact you and tell you what your contractual obligations are anyway.

Will or should? (also see the bit I added to the post you replied to).

[KidMoe]

Surely the answer is entirely dependent on the individual reaction of the person receiving the email, who may or may not be influenced by the policies of the organisation, and will probably be based on how the email is worded as well? It's not like there is any standardisation as to how people interpret things.

If you wrote "**** you, i'm leaving" they'd probably think you were off straight away. If you write a nice pleasant "I wish to give notice" then they'd probably think you were working your notice - and even so, your exact leaving date will normally be subject to how much holiday you have left along with possibly being subject to a wee bit of give and take over getting replacements in etc.

[pugamo]

Get your friend to ring HR and get it cleared up right now before it becomes a big mess.

[Toggler]

Look at the contract of employment. It will state 4 weeks notice, one calendar month, or whatever.

The employee should write that they wish to resign with effect from [date] and their last working day will be [date]. If they have accrued holiday and not taken it, the employee should request to a) take it during the notice period or b) to be paid for it on leaving.

How hard can it be?

[underworldjam]

Why not just call someone in HR and ask what your notice period is?

[Moony]

Originally Posted by Toggler

Look at the contract of employment. It will state 4 weeks notice, one calendar month, or whatever.

The employee should write that they wish to resign with effect from [date] and their last working day will be [date]. If they have accrued holiday and not taken it, the employee should request to a) take it during the notice period or b) to be paid for it on leaving.

How hard can it be?

They did the bit in bold - but omitted the "last working day" bit.

Its not hard - it was a simple oversight.

[Button62]

Originally Posted by Moony

Will or should? (also see the bit I added to the post you replied to).

Presumably will, everyone needs to know the time frame surely ?

If anyone in our place has ever resigned I usually go and talk to them to see what their plans are and we take it from there and try to accomodate each other's needs.

If the person has resigned due to finding another job they need to bear in mind that their employer could make them work their full notice period in order to have time to find a replacement.

[Moony]

Originally Posted by Button62

Presumably will, everyone needs to know the time frame surely ?

If anyone in our place has ever resigned I usually go and talk to them to see what their plans are and we take it from there and try to accomodate each other's needs.

If the person has resigned due to finding another job they need to bear in mind that their employer could make them work their full notice period in order to have time to find a replacement.

Basically what has happened is that because they omitted the "last working day" part - HR have taken the view that this person has resigned effective immediately in breach of contract - when in fact, the person was simply wanting indicating the day their notice period was to become effective from (as per their contract).

HR didn't approach them to try and clarify the position (my friend has since replied to HR to clarify - but has yet to get a response).

I was wondering if there was a general assumption in cases like this whereby HR would assume the employee was abiding by their contractual obligations - unless the employee specifically indicated otherwise.

[kikifi]

I work in HR, and I would presume that they were going to work their notice period (unless its said of immediate affect) althougth I would double check to be sure with the employee.

[Button62]

Originally Posted by Moony

Basically what has happened is that because they omitted the "last working day" part - HR have taken the view that this person has resigned effective immediately in breach of contract - when in fact, the person was simply wanting indicating the day their notice period was to become effective from (as per their contract).

HR didn't approach them to try and clarify the position (my friend has since replied to HR to clarify - but has yet to get a response).

I was wondering if there was a general assumption in cases like this whereby HR would assume the employee was abiding by their contractual obligations - unless the employee specifically indicated otherwise.

I would assume that the person was going to abide by the contractual obligations unless they asked me if they could leave immediately.

Looks like this is a breakdown in communication that can easilly be resolved. Unless your friend is someone they want rid of, in which case I suppose they could try and say that because the leaving date was omitted from the letter they assumed that the employee wanted to leave straight away.

[Mancini]

You're best to just phone up and ask IMO.

[Impinger]

Originally Posted by Button62

Looks like this is a breakdown in communication that can easilly be resolved. Unless your friend is someone they want rid of, in which case I suppose they could try and say that because the leaving date was omitted from the letter they assumed that the employee wanted to leave straight away.

That's my thinking as well.

Yet, if an employment contract states a notice period then that is legally binding and unless the person categorically states "effective immediately", then I would think that the onus would be on HR to clarify the position rather than just assume effective immediately. Otherwise the company is wide open to a claim for loss of earnings from the notice period as they made an assumption over a legally binding employment contract.

On the other hand.. we haven't seen the actual email of resignation....