Payment for notice period

[amnesia91]

After a falling out with my employer, I handed in my resignation on the 6th March, being the caring employer they were, they chose to terminate my employment, and waive the notice period. However, in my contract it states "The company may at its sole discretion terminate the employment without notice or on notice less than that required by sub clause 2.1 [a clause stating my notice period is one month], and, except where the Employee has been dismissed on grounds of gross misconduct, make payment in lieu of notice.

I have been paid 6.66 days, 4 days for the 1st to 6th March (which I worked) and 2.66 days holiday that I was owed.

Could somebody please tell me if they are allowed to do this, and if not what I can do about it. Thanks

[alan30]

If your notice period is one month they should pay you for one month from the day you finished plus holiday owing.

Tell them in writing they owe you for the period in lieu of notice. If no response or no money get advice from Citizens Advice Bureau.

[antiguru]

Alan30's answer is quite right. Do ask yourself though if you in any way gave them the impression you did not want to work your notice or agreed when they suggested you do not. The employer is only liable to pay if the choice not to work is theirs not the employees.

It's not uncommon for employees to hand their notice in, ask not to work it and be surprised then they don't get paid!

[amnesia91]

No, when I handed in my notice, I was told they would be accepting my resignation with no notice.

[Mudman]

I've allways been under the impression that, If you are available and able to work, but your employer fails to supply you with work. Then you are entitled to your (minimum) weekly wage.

You should be intitled, I think, To the week that you offered to work.. If they refuse. Then they are saying that you were 'dismissed'.

Without previous warnings, that would mean that they have sacked you on the grounds of 'gross misconduct'.

I think you should contact your local CAB.

Unfortunatly, (allthough they are extremely helpful) They get 'overloaded' with simmilar disputes. You might find that your options are... Small claims court (that will 'evaluate' at your work record). Or... Forget it.

[amnesia91]

I've not been dismissed, I have a letter from the HR manager confirming that I resigned on 6th March, and that it would be my last working day. That is unless they can sack you for gross misconduct without telling you!

As for forgetting it....not a chance its worth almost �2000 to me.

[antiguru]

If you want to pursue this you could write an amicable letter to your ex-employer saying that there seems to have been some misunderstanding which you hope can be easily cleared up without the intervention of a third party. Keep it friendly above all else and send it recorded delivery or hand deliver it. Explain that you had fully intended to make yourself available for work during your notice period and that when you recieved the letter from the HR Manager you assumed that that was the company saying that it did not have work for you to do, in which case you would be paid in lieu. If you're not very confident writing letters like this, get a friend to help you. Do add that if you had realised that you would not be being paid you would have raised a fromal grievance before you left.

If you get no joy go to plan B. If what you're saying is as it happened, you have been diddled out of money in your final payment. Look at http://www.employmenttribunals.gov.uk/. You can complete an ET1 online at no cost and without a solicitor to begin the process to recover your money without the small claims court. Don't forget the grievance bit though. Failure to respond to a grievance costs extra in compensation.

Your employer may have behaved incorrectly, but don't assume it's malicious. An alarming number of them don't know what they're supposed to do, hence my advice to keep it civil and suggest there has been a misunderstanding.

Good luck!

[amnesia91]

Thanks antiguru, you've been a great help.