Tuesday Q&As

4.4.23

• Can an employer refuse your resignation and do dismissals appear on a DBS check?

• Employer changing tax witholdings without employee consent. Can I take legal action (US Law)

• Uniform promised but not provided. What can I do?

• Employer denying transfer to a new business - what can I do?

• Holiday entitlement reduced because of long term sickness. Is that fair?

• Annual leave is cancelled after being approved. I’ve booked a holiday! What can I do?

• Flexible working request refused. I’m making another so what should I write this time?

• Employer can recover an overpayment of wages but can they take it all in one go?

• Change from weekly to monthly pay at short notice without permission. Can my employer do that?

• Adverse weather forces closure of workplace. Can your employer refuse to pay you for your shift which you were able to do had it been open?

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Can an employer refuse your resignation and do dismissals appear on a DBS check?

Q. I was suspended from job ... 2 weeks ago.... last friday i had a disaplinary meeting... i decided to resign on the 28th march before my outcome as i did not want to go back... my manager rang me to say he wont accept my resignation... and i should wait for an answer and if i resigned now he would pass on that i resigned during investigation.... today someone from HR the person who held the disaplonary meeting they rang me to dismiss me but i told the person i had already resigned and she said it does not count as did not email her but she is not my manager, surely its the mangers responsibility to email HR my resignation. Also can they decline a resignation ??

Also do dismissals go ontp a DBS? isit only criminal convictions that go on there... also she told me she was the one to decide the outcome of my appeal but yestetday on the phone she told me it was HRs decision.

A. Once an employee communicates their resignation to their employer, it becomes legally binding, and the employer cannot refuse to accept it. The Employment Rights Act 1996 (ERA) governs the relationship between employers and employees, including the matter of resignations.

As per the ERA, an employee has the right to resign from their position by providing clear and unequivocal notice to the employer. This notice can be delivered in written or oral form, although it is generally recommended to provide a written communication to avoid any confusion or disputes, and I note you communicated your decision via email.

Upon receipt of your resignation notice, your employer must acknowledge and accept the resignation. They are legally bound to do so.

In respect of your DBS query, an employer who has dismissed someone from regulated activity because they harmed or posed a risk to vulnerable groups is legally required to inform the DBS. I believe you work in a regulated sector, so it will probably be on there, notwithstanding you resigned because the dismissal could have been affected during your notice period - unless you resigned without notice.