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  |  Office Culture  |  Your rights  |  My boss is forcing me out
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My boss is forcing me out

by Work Rights Expert, Rachel Lewis

question
I have informed my manager verbally that I am looking for another job, but have not given a date by which I want to leave, or handed in my notice in writing. My manager is now interviewing for my job, and is paying me up until the end of the month. Do I have to leave at the end of the month, even though I haven't given in my notice?

answer
Legally, you shouldn’t have to leave until you’ve actively given in your notice. You should be allowed either to work out your notice period in full, or be paid in lieu. At the moment, you’ve simply indicated that you’re looking to leave at some point in the near future – but you haven’t given an actual date and hence it is legally difficult to see how you could be said to have formally handed in your notice.

I’d try running this line with your manager – but bear in mind that she/he may argue that you’ve tacitly agreed between you that, by not objecting to the interviewing process and being paid up to the end of the month, you’ve effectively accepted this as your notice period. Not the greatest of arguments. If it really comes to it and you’re asked to go at the end of the month, you might consider writing to the company saying that you believe you’ve been dismissed and asking for your notice monies and compensation.

Live Q&A on Ask The Expert
Employment lawyer Rachel Lewis advises on your work-related issues

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