Problem with Employer after resigning.

CashSaver_2

I resigned from my job last week, giving my Employer 4 weeks notices as per my contract. I put in my letter that I was happy to discuss an earlier leaving date. My 4 week notice period started from 12th May and officially ends on 8th June.

Unknown to me, my line manager informed the HR Department that I had agreed a leaving date of 18th May. This was not true and I had not confirmed any earlier leaving date, as I had not agreed a start date with my new employer.

I was made aware on 17th May that this had happened. I immediately contacted HR and explained that this was not correct and that I would agree a leaving date with them later this week.

I was told that as the payroll had closed at 10am on the morning of the 17th, that I would only receive my salary (calculated up to the 18th May) in the May pay run. They agreed that once an actual leaving date had be confirmed, they would make an additional payment to cover the additional days. However, this would have to be included in the June payroll.

Yesterday, I agreed a leaving date with them to be 31st May. However, I have received an email telling me that they will only pay me for 8 days between the 19th May and 28th May and, my official leaving date will still be recorded as 18th May becuae they have already generated a P45. They are only paying me for the 8 "working days" left in the month. However, I am contracted with an annual salary that is paid monthly. Therefore, I'm certain that I should be paid for the "whole" of the month remaining.

Where do I stand on all of this?

CashSaver_2

If I have agreed a finish date of 31st May, then I should be paid in full to that date. I have always made it clear to them that I am available to work throughout the period. It is the company that have asked me not to perform any of my duties.

I did not agree to the date of the 18th May. That was their mistake.

Are you saying that during a notice period, a company only has to pay you on a daily rate, based on the number of "working day" in that period.?

gingerdad

upto the 28th is 8 days, don't see what the issue is, i have had similar problems with commission on leaving and found i was onto a looser trying to chase it...

CashSaver_2

I think that you are all missing the point.

I am paid an annual salary that is paid in 12 monthly instalments. It is not based on a daily rate or "working days".

I should be paid for the remaining 13 days of the months. I should be paid a full month's salary for May. Instead I am being paid a daily rate for the period after 18th May.

zppp

Do you work weekends? Just whipped up my calendar, and if you don't then you wouldn't be paid or these days - thus the 31st end date would be correct.

CashSaver_2

Let me explain further. If someone is paid £48,000 per annum, they receive a fixed payment of £4,000 per month. The payment is the same each month irrelevant of the number of days in the month, the number of weekends, bank holidays etc.

Therefore in my case I should be paid for the whole month regardless of weekends and bank holidays. In the above example - £4,000.

However, they have decided to calculate my remaining pay from the 19th May on an assumed daily rate, not including weekends or bank holidays. This is not right - as it will leave me out of pocket from what I believe I am contractually owed.

stagey_2

CashSaver wrote: »

Let me explain further. If someone is paid £48,000 per annum, they receive a fixed payment of £4,000 per month. The payment is the same each month irrelevant of the number of days in the month, the number of weekends, bank holidays etc.

Therefore in my case I should be paid for the whole month regardless of weekends and bank holidays. In the above example - £4,000.

However, they have decided to calculate my remaining pay from the 19th May on an assumed daily rate, not including weekends or bank holidays. This is not right - as it will leave me out of pocket from what I believe I am contractually owed.

Sigh! - I know exactly what you mean and yes if you your last contracted day of employment is 31st then you should received a full months salary. Even if you take any holiday pro rata still owing you should get pay till the end of the month. It seems not many bodies out there are paid a salary monthly maybe!

Andy_L

How are they working out the daily rate for those 8 days?
If its salary/365 then yes, you're out of pocket, if its annual/(working days in year ~230ish) then you will get the same amount as if your salary was paid as normal

CashSaver_2

I need to check that out. Fair point.