I have been working with a company for over 1 year now and have found
another job. Due to a number of problems I have had with the company I
requested that I leave with immediate affect.
This was verbally agreed to by both my manager and the HR manager. So
as I saw it I left the company with their agreement on the day i handed
in my resignation. With their word I sorted out a start date with the
new company.

This week however I received a letter from my HR manager who had
already agreed my immediate resignation from the company stating that
they were declining my request to resign and as far as they're aware I
am still working for the company. - they had suspended me on full pay
pending a disciplinery investigation and therefore had not been in work
recently.

Are they able to do this after already verbally agreeing that i could
leave immediately without having to work any notice period?? 
I am due to start my new position next week




-- 
emz

"emz"  wrote in message 
news:emz.32e8ce3@legalbanter.co.uk...
>
> I have been working with a company for over 1 year now and have found
> another job. Due to a number of problems I have had with the company I
> requested that I leave with immediate affect.
> This was verbally agreed to by both my manager and the HR manager. So
> as I saw it I left the company with their agreement on the day i handed
> in my resignation. With their word I sorted out a start date with the
> new company.
>
> This week however I received a letter from my HR manager who had
> already agreed my immediate resignation from the company stating that
> they were declining my request to resign and as far as they're aware I
> am still working for the company. - they had suspended me on full pay
> pending a disciplinery investigation and therefore had not been in work
> recently.
>
> Are they able to do this after already verbally agreeing that i could
> leave immediately without having to work any notice period??
> I am due to start my new position next week

They can't decline your request to resign, no, slavery was abolished 200 
years ago!

Whether they can rescind the agreement for you not to work a notice period 
is another matter and may depend upon the timings of the individual acts.

tim

On Oct 5, 9:45 pm, "tim....."  wrote:
> They can't decline your request to resign, no, slavery was abolished 200
> years ago!

In England and Wales, it was longer ago than that.  There was a famous
case where a slave came to England, and the courts ruled that he
became free when he reached England.  In the Empire, slavery remained
in force until 1833.

On Mon,  6 Oct 2008 11:10:11 +0100, Martin Bonner
 wrote:

>On Oct 5, 9:45 pm, "tim....."  wrote:
>> They can't decline your request to resign, no, slavery was abolished 200
>> years ago!
>
>In England and Wales, it was longer ago than that.  There was a famous
>case where a slave came to England, and the courts ruled that he
>became free when he reached England.  In the Empire, slavery remained
>in force until 1833.
>

Sorry if a little OT to the original posters question.

Obviously the abolishment of slavery is something that HMRC don't know
about. I'm forced (on pain of punishment) to spend my time and my
money collecting PAYE and VAT. They won't even pay me my monetary
disbursements or the minimum wage.....

HRA -  Article 4
Prohibition of slavery and forced labour
1 No one shall be held in slavery or servitude. 
2 No one shall be required to perform forced or compulsory labour.

I guess they apply their exemption clause 
(d) any work or service which forms part of normal civic obligations.

But is collecting other peoples tax a "normal" civic obligation?

Graham

On Sun, 05 Oct 2008 21:45:08 +0100, tim..... wrote:

> "emz"  wrote in message
> news:emz.32e8ce3@legalbanter.co.uk...
>>
>> I have been working with a company for over 1 year now and have found
>> another job. Due to a number of problems I have had with the company I
>> requested that I leave with immediate affect. This was verbally agreed
>> to by both my manager and the HR manager. So as I saw it I left the
>> company with their agreement on the day i handed in my resignation.
>> With their word I sorted out a start date with the new company.
>>
>> This week however I received a letter from my HR manager who had
>> already agreed my immediate resignation from the company stating that
>> they were declining my request to resign and as far as they're aware I
>> am still working for the company. - they had suspended me on full pay
>> pending a disciplinery investigation and therefore had not been in work
>> recently.
>>
>> Are they able to do this after already verbally agreeing that i could
>> leave immediately without having to work any notice period?? I am due
>> to start my new position next week
> 
> They can't decline your request to resign, no, slavery was abolished 200
> years ago!
> 
> Whether they can rescind the agreement for you not to work a notice
> period is another matter and may depend upon the timings of the
> individual acts.


Several points come to mind:

- HR exists to protect the company from the employees.

- If it isn't written down, it didn't happen.

- Finally, could they be doing this to avoid any sort of employment 
tribunal problems - e.g if they think the OP is going for constructive 
dismissal or trying to make it look like they didn't follow the correct 
disciplinary procedures? (Whether that's true or not - sounds like they 
want him out and he wants to go...)

Graham wrote:
> On Mon,  6 Oct 2008 11:10:11 +0100, Martin Bonner
>  wrote:
>
>> On Oct 5, 9:45 pm, "tim....."  wrote:
>>> They can't decline your request to resign, no, slavery was
>>> abolished 200 years ago!
>>
>> In England and Wales, it was longer ago than that.  There was a
>> famous case where a slave came to England, and the courts ruled that
>> he became free when he reached England.  In the Empire, slavery
>> remained in force until 1833.
>>
>
> Sorry if a little OT to the original posters question.
>
> Obviously the abolishment of slavery is something that HMRC don't know
> about. I'm forced (on pain of punishment) to spend my time and my
> money collecting PAYE and VAT. They won't even pay me my monetary
> disbursements or the minimum wage.....
>
> HRA -  Article 4
> Prohibition of slavery and forced labour
> 1 No one shall be held in slavery or servitude.
> 2 No one shall be required to perform forced or compulsory labour.
>
> I guess they apply their exemption clause
> (d) any work or service which forms part of normal civic obligations.
>
> But is collecting other peoples tax a "normal" civic obligation?
>

Generating an income through a business is a privilege, calculating and 
collecting taxes is the means through you're given the privilege!

Fred wrote:
> Graham wrote:
>> On Mon,  6 Oct 2008 11:10:11 +0100, Martin Bonner
>>  wrote:
>>
>>> On Oct 5, 9:45 pm, "tim....."  wrote:
>>>> They can't decline your request to resign, no, slavery was
>>>> abolished 200 years ago!
>>> In England and Wales, it was longer ago than that.  There was a
>>> famous case where a slave came to England, and the courts ruled that
>>> he became free when he reached England.  In the Empire, slavery
>>> remained in force until 1833.
>>>
>> Sorry if a little OT to the original posters question.
>>
>> Obviously the abolishment of slavery is something that HMRC don't know
>> about. I'm forced (on pain of punishment) to spend my time and my
>> money collecting PAYE and VAT. They won't even pay me my monetary
>> disbursements or the minimum wage.....
>>
>> HRA -  Article 4
>> Prohibition of slavery and forced labour
>> 1 No one shall be held in slavery or servitude.
>> 2 No one shall be required to perform forced or compulsory labour.
>>
>> I guess they apply their exemption clause
>> (d) any work or service which forms part of normal civic obligations.
>>
>> But is collecting other peoples tax a "normal" civic obligation?
>>
> 
> Generating an income through a business is a privilege,

Actually it's a right.

On 5 Oct, 16:10, emz  wrote:

> Are they able to do this after already verbally agreeing that i could
> leave immediately without having to work any notice period??
> I am due to start my new position next week

What's the worst they can do if you simply don't turn up and start
working for the other company? Fire you?

Ian

On Oct 7, 8:40 am, The Real Doctor  wrote:
> On 5 Oct, 16:10, emz  wrote:
>
> > Are they able to do this after already verbally agreeing that i could
> > leave immediately without having to work any notice period??
> > I am due to start my new position next week
>
> What's the worst they can do if you simply don't turn up and start
> working for the other company? Fire you?

Sue for breach of contract.  They may not have a case, but unless the
company has been declared a vexatious litigant (is that possible?),
they can always sue.  Even if they win, their damages are probably not
very high, but the potential hassle for the OP is.

Fred  wrote:

> Generating an income through a business is a privilege,

Are you a tax inspector by any chance? They have the same bizarre view
of self-employed people.