Employer wants to shorten notice period

[ras52]

Hi,

I have a new full-time job coming up, which I accepted without having a firm start date. I have a four-week notice period with my current employer.

I handed in my notice to my current employer four weeks ahead of the earliest I thought the start date would be, saying the following re. my end date:

I have yet to confirm my start date with my new employer: this is expected to be no later than mid-November 2016, and may be as early as 31 October 2016. Accordingly I would like to set a provisional date for completing my employment of Friday 28 October 2016, i.e. following four weeks' notice, as per the terms of my employment contract. I will of course update you as soon as further information becomes available.

I later confirmed that my actual end date would be a week later, i.e. five weeks from the date of my resignation, on 4 November. This was confirmed in writing by my employer.

Now my manager is saying that he wants me to finish on 28 October, rather than "extend" (his word) the end date to 4 November. My point of view is that 4 November is not an extension as the earlier date was only floated provisionally, and that my resignation was made early as a courtesy to them for planning as much as for my convenience.

Am I correct in declaring that the 4th November end date is immutable - for payroll purposes at least, as I'd be happy to go on "gardening leave" for the final week!

Thanks!

[R0b]

Re: Employer wants to shorten notice period

Unfortunately there's no such thing as a provisional notice to terminate, unless it's written in your contract which is highly unusual. You either give notice to terminate or you don't. Once you give notice to terminate you can't take it back or amend it to your liking, unless of course the employer agrees but there is no obligation to do so beyond the notice period.

As I'm sure you know, you should only hand yor notice in only when you have an unconditional offer and a start date.

[des8]

Re: Employer wants to shorten notice period

It would seem however that the employer may have accepted the later date (I later confirmed that my actual end date would be a week later, i.e. five weeks from the date of my resignation, on 4 November. This was confirmed in writing by my employer.) but now wishes to renege on that acceptance.
I think it might be useful to see tha actual wording of that confirmation.

[R0b]

Re: Employer wants to shorten notice period

Good spot des, if that is the case then perhaps there is an argument that both parties could be considered bound by the amended notice period of 5 weeks instead of 4.