Not been paid my notice after 5 years employment

missgemstone

I worked for my last employer for just over 5 years, after being on the sick (for which we get full pay) I decided that as I could see no end to my condition it would be best to hand in my notice and after speaking to my doctor about travelling abroad for a while to visit friends decided this is what I would do. I handed in my 4 weeks notice on 26th march with a further 4 week sick note to cover this period. My employer then terminated my contract on 31st march and has refused to pay my notice pay. Can they do this?? :mad:

pinkshoes

Write to your employer stating that your contract didn't end until <date>, and that they still owe you <amount> in wages. You would appreciate it if they could pay you this money in the next 14 days. Tell them you look forward to hearing from them very shortly. Send recorded.

If they don't reply and/or pay you, write again entitling it "Letter Before Action". Again give them 14 days to pay the money, otherwise you will have no option but to start a small claims court procedure against them.

There was nothing in your contract stating about sick pay and notice period was there? Perhaps ask them to clarify why they're not paying you in your first letter i.e. as them to direct you to the part in your contract where it states you won't get paid.

crackerberry

How long were you off sick for? You're entitled to be paid for untaken accrued holidays too.

missgemstone

I raised a grievance with them on 23rd April which was the day I was due to be paid, also asked for and recieved a copy of my contract and sickness policy and nothing in either states that I would not get my notice pay. they only just had the meeting last friday re my grievance but I have still had no response from them also when they terminated my contract they didnt take into account any holiday pay I was owed. Just need to know if I am right to fight them for my pay as if they still refuse if/when I get a reponse from them need to know what my next step will be.

Uncertain

Unless your sick pay was due to run out then there is no doubt that they owe you this money.

Even if it had run out and you were not entitled to any pay your employment still continues until the date you stated in your resignation letter. This is important as you continue to accrue paid holiday whilst off sick EVEN IF your company sick pay has run out.

As said above, letter before action then ET claim for unlawful deduction of wages. Note you must file the claim within 3 months (less one day).

missgemstone

My sick pay was nowhere near ready to run out they are trying to say its because I was out of the country but I was on the sick so wouldnt have been available for work anyway! Its been a little over 2 months now but I am still waiting a reply re my grievance should I go ahead with ET action anyway?

Pete111

jdturk wrote: »

Unless there was a misunderstanding in what you wrote your employer is an idiot, employers would kill for people to hand their notice in when they are on long term sick.

They have most likely left them open to a tribunal.

Could not agree more re the employer being stupid.You (OP)have done the decent and correct thing (for both of you) they In turn have looked a gift horse in the mouth.

If they have not replied re your greivance by now they are simply not going to. As such you need to speak to a lawyer asap as ET claims cannot usually be brought more than three months after the issue/dismissal

missgemstone

The grievance policy states they have 10 days to give me a response, its been 7 days today but as the 3 month time limit is drawing near I wonder if I should just press ahead with the ET process. Also do I need to be present at the ET or can I have someone there to represent me as I am stil out of the country and have no real means to come home since I wasn't paid!

Uncertain

Well, the moment the 10 days are up I would suggest you file a claim for unlawful deduction of wages. Don't forget holiday pay accrued right up to the last day of your notice pro rata 28 days per year (or more if your contract entitled you to it). Even if your contract tries to say you don't accrue holiday whilst off sick this is no longer lawful.

You can file the ET claim online. Most likely this will make them settle. If not, then ACAS become involved to try and broker a settlement. Again you can deal with this by phone and email. Only if this fails does it go to a tribunal.

DVardysShadow

Did you actually travel abroad during your sickness or in your intended notice period? That would nmake your situation complicated.

Uncertain

DVardysShadow wrote: »

Did you actually travel abroad during your sickness or in your intended notice period? That would nmake your situation complicated.

Maybe, but not necessarily. Nothing says you have to stay a home when off sick. In some situations a change may be beneficial. Obviously you shouldn't do anything that would impede your recovery. A doctor's sick note simply advised you to "refrain from work".