resigned but no notice pay

turks_2

At the end of December I resigned from my job , i was asked to leave immindiately so i did . I have not received my P45 and i did not receive any pay for the notice period .

What are my rights and what should i do

floss2

I would write to your former employer asking for your P45. What does your contract say about your notice period? How long had you been working there?

turks_2

Hi m8

I had been there 3 years - gave them my notice which was 1 month and was told i could leave immediately i guess they didn't want me to take any clients .

but i though i was still entitled to one months pay ?

honeypop

No, not if you agree to leave immediately/early without negotiating with them or confirming you'd still be paid for the notice period. You agreed to leave early which negates the claim for notice pay usually.

SandC

I was under the impression that they have to pay your notice. You have to give notice to leave but it was their decision that you not work it, therefore you are entitled to be paid for it.

It sounds like they are trying to get away with making out it was a mutual agreement that you finish early, but that would only apply if you had requested that you not work your notice and therefore you wouldn't be paid.

I would write to them but also seek advice from CAB or ACAS. You are entitled to payment in lieu of notice, I am fairly sure of that.

SandC

turks, what did you write in your letter of resignation? Usually you do the 'I wish to give notice of termination of employment and therefore intend to leave the company on x date'.

If you've done that, they are in breach of contract.

honeypop

If you said (or even didn't specify) you were leaving on such a date, then they said no thank you go now, and you said ok and went, then you are agreeing to leave early and therefore without notice pay.

This is how ACAS and CAB explained it to me anyway. Hopefully with specific details of exactly what happened, what was said and when, they will be able to advise you better than us who don't know the whole story.

floss2

"You can choose to agree a shorter notice period if you wish, your employment will finish at the agreed time and you will only be paid for the agreed period. If you don't agree your employer could be in breach of contract and you could take them to an Employment Tribunal."

As per this link: http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/DG_10026689

You need to check the link, also ACAS & CAB.

turks_2

thanks to all
great respose lots of helpful hints

turks_2

SandC wrote: »

turks, what did you write in your letter of resignation? Usually you do the 'I wish to give notice of termination of employment and therefore intend to leave the company on x date'.

If you've done that, they are in breach of contract.

I wrote something along the lines saying that this letter is notice of one month notice