Law regarding employment/notice?

Question

Could someone point me at somewhere regarding legal rights regarding leaving an employment.

Specifically:
1. Can an employee EVER refuse to let you hand your notice in?
2. At what point is notice handed in? If I put an official letter in the boss' tray and email him, is that me handing it in? My boss is hard to pin down and I don't intend to do this at his convenience.
3. Say I was given a bad reference (which I don't deserve), do I have the right to see the reference either before or after it is sent to the new company?

I'm in the UK.

Regarding the reference thing, my friend was offered a job but once they had been given a reference they backed out. As her company were pretty bitter about her leaving and also refused to tell her what they had said in the reference I wondered if you had the right to know.

And thanks, I didn't want advice about my notice period (as that differs between companies I know), just the ins and outs of handing it in.

Answer 1

An Employee has a legal right to provide notice of their intention to leave, and the employer has an obligation to accept the reference. They cannot refuse, but they can request consultation about it (I always get this as they want to see how they can get me to stay with them).

Handing it in is like Your later dated today, in the post, and they get it in the post tommorrow. The date it was handed in is classed as tommorrow. I find it best to seal it in an envelope and place it right in the middle of my former bosses desk so they can clearly see it when they go near their desk, but a tray would suffice just as well.

You have no right to see the Reference, but your former employer may, at their discretion, describe the reference to you. This is best done by politely asking them in person.

It is considered rude for a boss to give a bad reference. As a manager, I try to highlight the behaviour of my employees as positively as possible, but with some employees that is damn hard. I stick to facts and confirm employment etc for that kind of situation.

Alternatively, an employee can refuse a reference. It is possible, and heard of for a possible employer to reject an applicant as both referees refused to comment.

Answer 2

*chuckle* Funny thing is that most of the Founding Fathers were part of the Enlightment movement. A great many of our most famous civil rights people were actually Universalist. Universalist reject the idea of the trinity and select salvation. The reject the idea of hell and of human judgement. They embrace the search of personal truth. Some of them are: Abigail Adams (1744-1818) James Luther Adams (1901-1994) John Adams (1735-1826) John Quincy Adams (1767-1848) Thomas Jefferson (1743-1826) (unitarian, once wrote that if there were a Unitarian church near him, he would become a member, but attended an Episcopalian church.) Paul Revere (1735-1818) William Howard Taft (1857-1930) Louisa May Alcott (1832-1888) Susan B. Anthony (1820-1906) (also a Quaker) John C. Calhoun (1782-1850) Dorothea Dix (1802-1887) Florence Nightingale (1820-1910) These people shaped our country undeniably. Note the AUTHOR the Constitution is included on the list that supported and practiced the Univerasalist ideals. While Universalist ARE Christian, the do NOT support the fundamentality ideas that are people are saying they did. They support humanity in all it's forms. ALL IT'S FORMS.

Answer 3

You can hand in your notice at any time you want.

It is ESSENTIAL that YOU give a MINIMUM of 4 weeks notice. Either hand it to your boss (if hard to track down leave it on his chair AND give a copy to Personnel/Human Resources).

The company you are leaving do NOT have to show you what they have written before sending it off. I am now working for a 6th company since I started working, and ONLY 1 of the previous 5 showed me what they had written - as it was written in everyone's contracts that the employee would see any reference written for/about them.

Answer 4

Your employer can not refuse to accept your notice, depending on your position with the company, depends on the length of notice needed. Normally its 1-2 weeks. If you have difficulty handing it to your manager then give it to your HR or Personnel , or even someone higher up the ladder than him. They cannot give you a bad reference if you leave. Your not allowed to see a reference given by your employer.

Answer 5

1] No they can't. You can give in your notice whenever you like, according to the terms of your contract (some may require, say, a week's notice, some may require a month).

2] If you think your boss is avoiding you, write to him/her formally and obtain a certificate of posting, and hand a copy to Personnel/HR.

3] No employer will give you a "bad" reference, they can then be sued for defamation. They can, however, decline to give a reference at all. We had a standard letter for these circumstances, which read something like "I can confirm that John Smith was employed here between xx/xxx/xx and xx/xxx/xx", and that was it. What inference the new employer drew from that was up to him!

Answer 6

You can hand your notice in whenever you want. Ideally, two weeks notice is good. If your boss isn't there to accept it, go to HR. If that's not an option, ake it to the post office, and ask for a reciept. Keep a copy for yourself. I'm almost 100% positive they cannot give you a bad reference, legally.

Answer 7

1) They can "refuse", but as long as you can prove that you did send it (e-mail, fax, registered mail, whatever) then it's done.

2) I'd add at least 2 business days to the whatever standard waiting period you have to wait (14-days?) in your locality.

3) No, you can't see the reference. If the new company choose to ask you, then you can offer an explanation, but you are NOT supposed to see it.

Answer 8

Are you in the USA or UK....? If in UK try the following websites.
http://www.acas.org.uk/
http://www.i-resign.com/uk/workinglife/viewarticle_103.asp
http://www.mfgpersonnel.com/index.cfm?sid=6545&pid=104240
http://www.direct.gov.uk/en/Rightsandresponsibilities/index.htm?cids=Google_PPC&cre=Rights_and_Responsibilities&gclid=CNnl57nvqooCFUQhMAod4B4Vpw
http://www.acas.org.uk/index.aspx?articleid=341


As for being given a "bad" reference by your current employer they are unable to do that, as it could be seen as deformation of character or liable, BUT THEY CAN REFUSE TO GIVE A REFERENCE, but usually just confirm dates of your employment and job title.

Answer 9

Need more information. But, you should show it to a local lawyer. Most will answer one question without charge.

http://www.legal-advice-library.info

http://www.austin-texas-lawyers-attorneys-directory.com/austin-legal-services.htm

http://www.san-diego-lawyer-attorney-personal-injury-dui-car-immigration.info

http://www.san-antonio-texas-lawyers-attorneys-directory.com
http://legal-advice-library.info/blog
http://www.las-vegas-nevada-lawyer-attorney-legal-injury-defense-directory.com
http://www.brokerforyou.com/san-diego-real-estate-sales.html