Notice Period - Help Needed!!

cave_dweller

Hoping someone can help me out with a notice query. I've been considering another company's job offer over the past few weeks. I was thinking it over for about two weeks and gave my current employer ample time to counter it etc. They didn't really offer anything other than a promotion in a few months so I decided to leave. I sent a slack message to my manager basically saying I'd decided to take the other offer. I didn't confirm I was resigning or send an official email confirming my resignation. We met up and I verbally confirmed the last official day I wanted to be employed (it's about 6 weeks away when I'm obliged to give them 4 weeks per my contract). I asked for some time off prior to my end date but acknowledged it was at their discretion. Since then they've said they can't work with that last official day and need me to bring it forward by one week. It was done very shoddily, in a way that made me feel they had an ulterior motive. I queried it with HR and it turns out if I bring my exit date forward by that length of time, I won't be eligible to receive my bonus due for my performance in 2021! 😯

I've gone back to them and refused to move the end date, stating that as I'm resigning the official end date is at my discretion as long as I provide at least the length of notice per my contract. Am I correct in stating that? And does my slack message constitute a resignation?

I don't want to be difficult but really dislike how they've gone about this without being upfront with the implications. I'm a bit worried that they'll claim my slack message was my resignation and as such, only 4 weeks is required.

RedXIV

4 weeks in the contract is kinda the main thing here, that's what is legally enforceable as a minimum AND a maximum from a legal point of view depending on how the company wants to execute it.

This absolutely sucks, but you've kinda shot yourself in the foot here, if you had said nothing and waited for the 4 week point to ensure you get your bonus, they may even have tried to minimise your leave to avoid paying out your bonus anyway. The likelihood here is that you are not going to get the bonus. I did something similar last year after threatening to leave in 2020, I stayed to get the bonus that I was promised and it didn't go the way I expected. My offer was gone so I had to line up something else and ended up taking a hit on my 2021 bonus to move.

I feel for ya, but I don't think your assumption of giving 6 weeks notice and having that as the end date will fly if you're legally only tied to 4 weeks. The slack message is irrelevant at that point

cave_dweller

Thanks for the reply, helpful info! I haven't officially given my notice yet though, just indicated via slack that I was planning on taking the other offer. Wouldn't that help me here? I haven't officially resigned at this point, the discussion around end dates was just that. If all comes to all, I can hold off on confirming my resignation until early March.

3DataModem

https://www.boards.ie/discussion/2058234174/notice-period-help-needed

"stating that as I'm resigning the official end date is at my discretion as long as I provide at least the length of notice per my contract. "

• You are not correct here at all, unless it says something like that in your contract (which I bet it won't, as it would be a crazy thing for employers to permit).

"I haven't officially given my notice yet though,"

• Don't, until the bonus issue is sorted, if that bonus is important to you. Please bear in mind that even if you give notice a few days before the bonus date, they might be still able to commute your employment and pay you the 4 weeks notice pay without employing you... still depriving you of the bonus.

"I asked for some time off close to my end date"

• Why take paid leave, when you could have just given your 4 weeks, and taken two weeks gap between the jobs? You'd have been no financially worse off as you'd get holiday pay and some tax back. The only answer that they believe is "He wants to leave in 4 weeks but also wants his end date to be 6 weeks away so he gets the bonus. Well, f**k him."

cave_dweller

https://www.boards.ie/discussion/comment/118671232#Comment_118671232

Just wanted to close this out in case anyone is in a similar position. My contract states I must give 4 weeks notice, not that I must give only 4 weeks notice. I was within my rights to set my end date 6 weeks out. If your employer wants it to be less, they'd be firing you. They require confirmation of your last official day in writing and cannot change it without your permission.

My slack message does not constitute a resignation letter so I only submitted my notice in the last few days. This piece wouldn't have impacted on my bonus payout anyway, based on the above.

On your third point, I wouldn't have been paid for two weeks of holidays between jobs so I would have been worse off. Now I've gotten the end date I wanted with two weeks holidays since I'm working for 4 weeks prior to that. They gave me the two weeks holidays since I agreed to work for 4 full weeks prior to that.

3DataModem

Glad to hear it worked out. I'll bet you anything they'll be updating their contracts to allow them to commute notice from now on.