Resignation - what ...
 

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[Closed] Resignation - what information can they ask for?

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I handed in my notice yesterday to a job I really disklike. It's a small firm of four people.

The immediate response from the boss is exactly what I expected and the main reason I'm leaving- a complete lack of trust. He says he needs to know my new employer and role so he can "assess what I can't do that won't comprise the firm" (yes, comprise...).

Legally, do I have to tell him?

I suspect this whole thing will get quite messy so I might be revisiting this thread a few times!


 
Posted : 02/04/2019 11:35 am
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What does your contract say re confidentiality? How senior are you and how similar is the role you’re going to? Generally non competes are hard to enforce in the UK unless you’re senior and have benefitted from shares/equity.


 
Posted : 02/04/2019 11:37 am
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https://www.gov.uk/handing-in-your-notice/restrictive-covenants

Read your contract. If there is no restriction, you do not have to give any information.


 
Posted : 02/04/2019 11:39 am
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I don't know the legal position, but in my industry (Oil & Gas) quite often when someone hands in their notice to go to a competitor they immediately get marched out the door. They then get paid for their notice period while having a few weeks unplanned holiday. I hope you get the same!


 
Posted : 02/04/2019 11:40 am
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Nope. ( unless its in your contract / a non competition clause) IMO of course - I am not an employment lawyer

All you need to do is simply tell him " I am giving notice as of this date". thats it.

Many companies like to have an exit interview to find out why you are leaving. Its not unreasonable to co operate with this however you do not have to answer questions you don't want to


 
Posted : 02/04/2019 11:40 am
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Just tell him you'd rather not say, and leave it at that.

Then just ignore any other requests for info.

You don't have to give any more info than the fact you have resigned.


 
Posted : 02/04/2019 11:41 am
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AIUI you only need to state the day you plan to leave and what you plan your last working day to be (if it is different due to holidays). If he doesn't want to 'compromise' the company then he can put you on gardening leave


 
Posted : 02/04/2019 11:41 am
 hels
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So what are they going to have you doing during your notice period ? Making coffee ? Cleaning cars ?


 
Posted : 02/04/2019 11:42 am
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Personally, I'd give the most vague, inoffensive, non-committal answer possible. No sense in making a big thing about it.

Say they offered you more money, it's closer to home, your mate works there, you like the colour of the office or whatever.

Employers are usually pretty daft, they always want to know why you're leaving, not what made you look in the first place.


 
Posted : 02/04/2019 11:42 am
 tomd
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No.

If it was a big company they want to know so they can decide to put you on gardening leave or not. They will have a policy for this. If you work in a commercially or technically sensitive role they may want you out the door or closely supervised asap to minimise risk to them. It's actually ideal because the likely outcome is getting paid time off.

In a small company it's possible that they won't follow any process. If you need paid it may be worth trying to keep them sweet. If you don't then they may just kick you out and you can fight it out over any pay owed and money in lieu of notice.


 
Posted : 02/04/2019 11:43 am
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tell him you want a comprise agreement and ask what the agreement will compromise of.


 
Posted : 02/04/2019 11:45 am
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It's a bit complicated - they're trying to set up a new company, with the only employee in the business that can fulfil the services the new company offers being me. They've spent money getting it set up, pinning their hopes on me. Me handing my notice in effectively puts the brakes on that. The more money/closer to home thing is unlikely to wash.

The contract doesn't say anything about this, just that I can't pinch clients. In all honesty, I don't quite know where I'm going - I have accepted an offer but have a couple of others interested that I'd prefer.


 
Posted : 02/04/2019 11:52 am
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Just tell him you don't have a job lined up and you just want a break.


 
Posted : 02/04/2019 12:00 pm
 hels
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Thats a rubbish business model !


 
Posted : 02/04/2019 12:03 pm
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I don't think there's any duty to tell tham anything.

It's about what you want the relationship to be I suppose.

Good luck in any event.


 
Posted : 02/04/2019 12:10 pm
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Tell them you are setting up on your own doing the same thing.
Instant paid time off.


 
Posted : 02/04/2019 12:16 pm
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they always want to know why you’re leaving,

They say they do but they don't really.


 
Posted : 02/04/2019 12:32 pm
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How about just telling him the truth? Surely the worse case scenario is that you get a few weeks paid gardening leave.


 
Posted : 02/04/2019 12:43 pm
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Tell your current employer to take a hike.

There is nothing he can do if you wish to leave.

Even if you have sold his trade secret what can he do?
If he wants to take legal action he needs to come up with evidence.


 
Posted : 02/04/2019 12:51 pm
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Say you'll tell him if he lets you leave, fully paid up on notice etc, today, at 5pm.


 
Posted : 02/04/2019 12:58 pm
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I'd keep it civil and assure your boss that you're not planning on going to a direct competitor (if that's true, obviously) and that you haven't yet accepted another job. I wouldn't mention anything about clients or company secrets as that could set off alarm bells if your boss isn't trusting. If you're persistently asked questions about your next employer/employment then I'd sit down with your boss and question why he's asking, to clear the air and set things straight.

Also make an offer to train/oversee a replacement that the company hires for the length of your notice period. At the least it'll show there's no hard feelings and will make them get their arse in gear for the new business.


 
Posted : 02/04/2019 1:29 pm
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Errrr, so there's 4 of them, but you're the only one that can provide the service the company offers? Why aren't you just setting up your own company?


 
Posted : 02/04/2019 2:17 pm
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What kind of idiot sets up a company that is wholly reliant on the skill set of one individual? Harsh lesson for your soon to be ex boss. You owe him nothing, just make shit up. Tell him you’ve hit a job designing biscuits or something.


 
Posted : 02/04/2019 2:48 pm
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The point about training up your sucessor is a decent one. I delayed my leaving one post for a month to do this as it was best for the staff I had worked with for a year.


 
Posted : 02/04/2019 2:52 pm
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Errrr, so there’s 4 of them, but you’re the only one that can provide the service the company offers? Why aren’t you just setting up your own company?

The others probably have the capital. I've seen this lots, the CEO has the money but doesn't really know how to actually provide the said service. They pay for others to provide it for them.


 
Posted : 02/04/2019 2:53 pm
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They already have a company doing one thing, they got me in so they could have a company on the side that offers a related service that he has had a stab at but doesn't understand well enough to offer it without an expert. I doubt they'll find a replacement in time.


 
Posted : 02/04/2019 3:02 pm
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What is the boss going to do if you don't tell him - give you the sack?

If he's a knob and you don't need a reference I'd be making him squirm as much as possible.


 
Posted : 02/04/2019 4:37 pm
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What implications would telling him have? If its only in your contract that you don't directly target your current customers, he can't now be trying to impose new clauses. If you dislike him that much, tell him and see him go apoplectic with rage.


 
Posted : 02/04/2019 5:46 pm
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Tell him you’ve hit a job designing biscuits or something.

That's a good one.👍 🤣


 
Posted : 02/04/2019 5:52 pm
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Mrs TJ came up with a good point. do NOT tell him where you are going to incase he contacts them to say you are unreliable or stupid or something to get revenge on you for leaving


 
Posted : 02/04/2019 5:58 pm
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As above tell the truth, be tactful and try not to burn any bridges.


 
Posted : 02/04/2019 5:59 pm
 poah
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Tell him you’ve turned to prostitution


 
Posted : 02/04/2019 5:59 pm
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If he wants to take legal action he needs to come up with evidence

Eh?

Not like chewky to leap off on irrelevant tangents that nobody mentioned 🤔


 
Posted : 02/04/2019 6:15 pm
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If you turn out to be Theresa from Westminster the only question would be have you brought the letter in yet 😉

Be polite and say you have not decided but can't carry on. If they want you to leave sooner you will be happy to be paid your leave and all the best.


 
Posted : 02/04/2019 6:27 pm
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Tell him you've won the top Premium Bond prize but want to remain anonymous.


 
Posted : 02/04/2019 6:54 pm
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I would love a job designing biscuits.
🙂


 
Posted : 02/04/2019 7:32 pm
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I've got designs on some biscuits later.


 
Posted : 02/04/2019 7:40 pm
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I once told a gullible kid at an old job that I used to design biscuits. I like to imagine him now, still working at a builders merchants, telling his workmates that he knew the guy who designed the hockey player and swimmer from the sports biscuits.


 
Posted : 02/04/2019 8:00 pm
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do NOT tell him where you are going to incase he contacts them to say you are unreliable or stupid or something to get revenge on you for leaving

... which would be illegal.


 
Posted : 02/04/2019 8:16 pm
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But also why give the outgoing employer the opportunity to poison the well, they might well get bitter.

Just say it's not working out, and you're moving to pastures new. And tell them your leaving day (in line with your notice period).

Job jobbed. Literally. No need to make it more complicated than it needs to be.


 
Posted : 02/04/2019 8:23 pm
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Yes - but possible if he is peed off enough.


 
Posted : 02/04/2019 8:24 pm
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He has the potential to be quite vindictive, and he can play fast and loose with the rules (another reason I'm leaving). Which is why I don't want to tell him where I'm going, nor do I want to cheese him off. I have already said I'm resigning and when my last day will be, his response was to put up the walls and try to stop me stealing clients and projects, which is something I'd never do.

I appreciate the advice- I'll keep it civil and say I've not decided my next move but that it'll be to the same type of role nearby. Hopefully that'll persuade him to give me some garden leave but I suspect he'll want to get his value for money out of me.


 
Posted : 02/04/2019 8:34 pm
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In a situation like this you'll never get VFM as an employer, hence why garden leave is very common.

Sounds like yours is attempting to psyche you out, which is also pointless as you've already got one foot out of the door.

Certainly don't give them leverage over you by divulging anything about your next role.


 
Posted : 02/04/2019 8:48 pm
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I posted something similar last year as I had an anti competitor clause in my contract, specifically naming my new employer. It all got a bit messy in the end. Mainly because I was honest with my exhausting employers of 10 years. Basically they wouldn’t allow me to go on garden leave, expecting me not to work for 3 months once my notice period had finished. It was spiteful, petty and basically highlighted why I was leaving the business. I played it cool and just kept records and referred them back to my contract as they did to me. It was a ridiculous situation when they took my customers and my staff away from me but refused to place me on leave. I could of been arsey with them around them changing my duties and by the terms of my contract my clause activated from the moment they changed my core functions. But in the end I decided to slide out the door and quietly start my new job ignoring the clause. Granted this was for a big company employing thousands of staff. So very different to a small business. I would personally be inclined to honest and civil. It always feels so much better when you keep a level head when others blow their load!


 
Posted : 02/04/2019 10:12 pm

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