Employer doesn't want me to work notice

jazzy78987

I handed in my two week notice to my workplace on thursday morning. She had told me that she doesn't want me to work my notice, from what I have read she still has to pay me for it?

Is that correct?

I have been with the company for one year and 7 months, was given a contract but it was never signed. The contract outlined I had to give one weeks notice for anything under two years, and after that two weeks.

Thanks.

Masomnia

She has to pay you one week's notice if that is what your contract specifies; that would be the statutory minimum also. Pay in lieu of notice is fairly common.

jazzy78987

Thank you! Is that even if the contract hasn't been signed?

elsien

jazzy78987 wrote: »

Thank you! Is that even if the contract hasn't been signed?

If you've worked it for that length of time you've accepted it, whether signed or not.

jazzy78987

Oh and also, when should I ask to be paid it?! It is a very small company and she tends to just make up dates that money owed is supposed to be paid by. I want to go back to her with the facts. Surely as it's the end of the month is should be now?! I was paid my normal wages today

anamenottaken

jazzy78987 wrote: »

Oh and also, when should I ask to be paid it?! It is a very small company and she tends to just make up dates that money owed is supposed to be paid by. I want to go back to her with the facts. Surely as it's the end of the month is should be now?! I was paid my normal wages today

Probably not unreasonable to pay the next time you would normally be paid.

It would not have been today because you are, presumably, still an employee until the expiry of your notice.

What amount of notice does your employer need to give you according to your contract? Statutory notice would be a week and if your contract is silent on the notice to be given to you, then that is what you would be entitled to. (It is not unlawful to have contractual notice periods which are longer from the employee than from the employer.)

jazzy78987

There is nothing mentioned about it in my contract! So a week it is I suppose then. Thanks for your help.

anamenottaken wrote: »

Probably not unreasonable to pay the next time you would normally be paid.

It would not have been today because you are, presumably, still an employee until the expiry of your notice.

What amount of notice does your employer need to give you according to your contract? Statutory notice would be a week and if your contract is silent on the notice to be given to you, then that is what you would be entitled to. (It is not unlawful to have contractual notice periods which are longer from the employee than from the employer.)

swingaloo

According to your other thread she wants you to work 4 weeks notice?

jazzy78987

Yes, she did but had now decided that she doesn't want me to come back, I think so that she doesn't have to pay my notice, not realising that it will need to be paid regardless.

swingaloo wrote: »

According to your other thread she wants you to work 4 weeks notice?

anamenottaken

jazzy78987 wrote: »

Yes, she did but had now decided that she doesn't want me to come back, I think so that she doesn't have to pay my notice, not realising that it will need to be paid regardless.

Do get it in writing - that she doesn't want you to go into work. If you don't then she could just say that you had walked out and not pay you at all.

Also look at what you might be owed for holidays you have accrued but not taken.

And don't tell her that she only has to give you one week's notice. She may not realise that she doesn't have to give you the same notice as is due to her - especially as, from your other thread, she was trying to say that you had to give a month's notice because you were paid monthly.

Masomnia

You need to be really clear about what your notice is from your employer's point of view, because that is the least that she should give you.

It's either 1 week, or if your contract specifies more than 1 week than that applies.

I would suggest you email her saying that you have offered to work the notice, but now that she has said she does not want you want you to work it you will accept pay in lieu of notice, and see what she comes back with. You could ask when it will be paid. I agree with whoever it was above who said it would be reasonable to pay this on the next pay date.