Sacked during notice period

ap2012s

If I provide my employer with 1 months notice, as is the terms of my contract, is my employer allowed to sack me because I've resigned?

Would they have to pay out my notice period if they want me gone asap after resigning or at the very least negotiate over the terms of my notice period? Or are they legally within their rights to simply turn around and say forget it you're sacked?

_Kaiser_

Never heard of that one myself. I do know that sometimes they'll let you finish the same day you tell them (eg: if moving to a competitor) but on what grounds have they sacked you?

Arbiter of Good Taste

Presumably you have an employment contract? Normally both sides have to give a period of notice. Whilst I've never heard of anyone being sacked once they've resigned (I don't really see the point), if it was possible, it's likely the employer would still be obliged to pay for the notice period.

chris85

Its called gardening leave where an employer will pay the employee for their notice period without them working it.

Agent_99

You cannot be sacked for no good reason either during your employment or during a period of notice. You employer my put you on garden leave (finish your employment) but is still required to pay you for the remainder of your notice. sales jobs have these to prevent poaching of clients or employees moving to competing business for trade or contract secrets

ap2012s

Thanks very much for the response guys.

Does this apply during probation as well? My contract says during probation I have to give a months notice but my employer only has to give me a weeks notice.

If I get in first with my notice of resignation, am I right in saying it's my notice period that then has to be honoured?

onedmc

That contract does not seem balanced if you have to provide a month and the employer has only to provide 1 week.

Generally the employee will get the benifit of imbalanced contract.

However, gross misconduct is a different story.

Eoin

ap2012s wrote: »

Does this apply during probation as well? My contract says during probation I have to give a months notice but my employer only has to give me a weeks notice.

That changes things quite a bit.

If you're on probation and your contract says they only need give you a week's notice during that time; then I'm not sure what would stop them just giving you that week's notice if you resign?

You can be let go for pretty much any reason while on probation (provided that it's not down to discrimination on grounds that are illegal), so there's no need to go down the disciplinary route.

And if you're just in the door, they might not need you to hang around and do any handovers/training.

On the plus side, your new employer might be very happy to get you in the door sooner than 4 weeks.

Mr. Loverman

What Eoin said.

The fact that you have resigned is irrelevant.

You are on probation so they can get rid of you for nearly any reason.

But actually you haven't given us enough information.

Are you being fired on the spot for gross misconduct?

ap2012s

No theres nothing at all happening to for me to be fired, it's just I've only been in the job for 4 months and I just don't feel its really working out for either party.

Since my contract is so one sided though, I'm just concerned that if I give my notice then I could be out within a week, even though their reasons will basically be the fact that I resigned.

Mrs OBumble

Ya, while you're on probation, that can happen. One of the wonderful features of Ireland's approach to employment probation.

It's just a risk you have to take.

One option is to approach them basically saying "this isn't working out for either of us, how about I leave with X weeks notice, adn you give me an ok reference?" Basically see what you can negotiate in return for doing whatever handover they want, but leaving quietly without causing any fuss.

Good luck with the new job.