# Resignation: can I resign with immediate effect? Will there be implications?



## hunkydory (3 Nov 2010)

I am a healthcare professional and in my contract is an eight week notice if I am to leave my job.

My query is that, if I wish to leave my job, can I resign with immediate effect? Will there be implications?


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## Snork Maiden (3 Nov 2010)

Hi Hunkydory,

Employment law states that an employee must give one weeks notice.  That said, there is no redress available to the employer if you give less.   I.e. under employment law there is no retribution to your employer if you give less than one weeks notice.

However, you have signed a contract with 8 weeks notice.  your employee in theory could, under contract law, hold you to that.   However, if you dont give 8 weeks, your employer would have to sue you through the courts under contract law and this would be costly.  Generally speaking enforcing contractual notice via the courts only happens for top executive......as the costs arent worth it. 

hope this helps...


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## hunkydory (3 Nov 2010)

Hi snork maiden
Many thanks for your advice.


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## Sandals (4 Nov 2010)

my concern who be if you'll need a future reference.....


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## Marietta (4 Nov 2010)

Employers cannot refuse to give a reference.


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## ontour (4 Nov 2010)

Marietta said:


> Employers cannot refuse to give a reference.




What makes you think that?

 "There is however, no statutory entitlement to a reference in employment law in Ireland."
http://www.citizensinformation.ie/e..._changing_job/changing_job/giving_notice.html


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## becky (5 Nov 2010)

They are legally obliged to state you worked for them as a X from a date to a date, but anything after that is up to them.  You see a lot of banks, US companies only give the dates and title of work/general work area.  

I can't remember the act but picked  it up from a HR course I did years ago and it stuck with me as I was in Recruitment at the time.

What another poster meant was the employer could give a reference stating you didn't give the notice you signed up to, so in other words 'a bad reference'.

I did a google there and found this article interesting.

[broken link removed]


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## greenfield (5 Nov 2010)

Sorry to disagree with you Becky, I don't think there is any general statutory obligation to give any kind of reference, even one just confirming dates and job title. Some of the JLC's oblige employers to give a certificate of service on request but that only applies to employees covered by the JLC. I think the proposed employment compliance bill contains a similiar provision but that is not enacted.   Employment equality may give rise to an obligation to give a reference a simple example if you give references for full timers and not part timers and your full timers are male and your part timers are female, you may be obliged to give a reference.


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## Complainer (5 Nov 2010)

becky said:


> I did a google there and found this article interesting.
> 
> [broken link removed]


I'm not an expert in this field, but I have serious doubts about the article.


> An employer may be now obliged to give a reference. This duty may not only apply to an employee or ex-employee. It may apply to a contractor engaged under a contract for services.
> A reference will have to be true, accurate and fair. It must not give an unfair or misleading impression overall.
> A refusal to give a reference may result in a claim for discrimination under the _Employment Equality Act 1998_.


What is meant by 'may now be obliged'? Either there is a legal obligation or there isn't, or maybe an obligation in certain circumstances. 'May' is pretty useless here.


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