Handed in resignation and asked to leave.

debsue

My partner has had problems at work which lead to him putting in a grievance four weeks ago. The company have not acknowledged the grievance and because of this he gave a weeks notice today which outlined the grievance again and stated that he felt he could no longer work there. After handing in his notice the manager told him to leave straight away, my questions are, does this mean they have sacked him and do they still have to pay him for the week of his notice?

Thanks in advance

honeypop

No they have not sacked him, as he already handed in his notice. They have asked him to leave without working his notice. From what I understand, if he did leave then, he has accepted that request and if nothing was discussed regarding payment in lieu of that notice period then he will not be entitled to any pay for that. It will be seen as a mutual agreement to leave early.
If being asked to leave instead of working notice, you should ask for it to be confirmed that you will still be paid for that time.

Saying that though, he may still be paid for it, what I mean is that he may not be entitled to it if there is no payment forthcoming. He should contact them and ask them to confirm whether he will be paid for the period he is missing out on working as they asked him to leave early. That's the only way you will know if he is being paid for it I suppose.

Edit, just read that back and it's awfully rambling sorry, hopefully someone will come along and explain it in better words!

dmg24

You really need to ask the employer this question, as no one can read their intentions. In this situation an employer may decide that the employee working their notice would be counterproductive, and so accept their resignation and pay them for their unworked notice period. However, as stated earlier, the only way to be sure would be to ask the question.

debsue

Thanks Honeypop, made perfect sense to me

Uncertain

He is entitled to be paid for the week.

He resigned giving the required notice. The firm asked him to leave straight away (their choice) but they must pay him for the week plus any holiday owing.

The only way they could make him leave straight away without notice pay would be if he was sacked for GROSS misconduct. Even then they would have to pay for any accrued holiday.

PHYTHIAN

He should get payed his week's notice.

Did you keep of the letter he handed in outlining why he was leaving ie the grievance. Might be worth taking advice re Constructive Dismissal ie they have ignored his grievance and 'forced his hand' to resign. This is underlined by his manager saying he does not require him to work his notice.

Hammyman

Actually, if his contract states that he has to give more than a weeks notice, he's entitled to pay for the length of notice stated in his contract. It might be worth looking up.

getmore4less

Hammyman wrote: »

Actually, if his contract states that he has to give more than a weeks notice, he's entitled to pay for the length of notice stated in his contract. It might be worth looking up.

I think they can agree to shorter notice if requested, so since he has allready given a week they could just pay that even if there is contractualy more.

jdx

PHYTHIAN wrote: »

He should get payed his week's notice.

Did you keep of the letter he handed in outlining why he was leaving ie the grievance. Might be worth taking advice re Constructive Dismissal ie they have ignored his grievance and 'forced his hand' to resign. This is underlined by his manager saying he does not require him to work his notice.

Definitely look into this because this is what I thought as soon as I read your first post, OP.

I would have also sent the letter to Head office in case the manager in question didn't pass it on to hide reason for leaving...i.e mainly him [if I got that right].