Resigned but not sure I'm being paid all I'm owed

lijaloo

Hopefully someone can help me with this.

For various reasons I resigned my job. I emailed my line manager on 13th June tendering my resignation. My contract stated that I need to give one months notice in writing. I had 4 days leave due at the beginning of June. I went to work as normal on 14th and 15th June. On the evening of 15th June I received an email acknowleging my resignation, confirming I had four days leave left and that I was not required to work my notice period. It was suggested that I take those four days leave making my last day of work with xxxx the 21st June.
Maybe I am being thick or something but doesn't that mean I should at least be paid as normal up to 21st June and then receive a months pay in lieu of notice. Instead I am being told that I will receive pay up until 13th June and one months pay in lieu of notice which ends on 13th July.

Any thoughts would be appreciated.

euterpe13

As far as I know, you are correct in your calculations: leave days are accrued and paid for by the employer - you are still a member of staff whilst on holiday. Therefore, if your employer indicates that you should take these leave days to give a last day of employment as 21st June, then you are employed by the company until 21st June, and should be paid as such. One month's payment in lieu of notice is irrelevant of end of contract date.
However, if notice period is taken from 15th June, date of recognition of your resignation, then you should be paid for 4 days accrued holiday plus notice period of one month. Either way, you must receive payment for those 4 days.

lijaloo

Thanks for responding so does that mean I should be paid until 15th (the date my email was acknowledged) plus four days holiday which takes it to 21st plus one months money in lieu of notice?

That is what I think should be the case but need confirmation before I challenge them. I was only TUPE transferred on 1st June so wasn't there very long.

Judas

I agree with the employer. Leave can be used as part of a notice period. In essence you gave your notice on the 13th; taking you to the 13th of the following month. The fact you were on holiday for some of these days makes no difference unfortunately.

Unless your contract said otherwise or you agreed otherwise I would class your resignation date as the date you handed it in and it was accepted.

If you had thought it through better or worded it better you could have got your outcome but unfortunately I think you have missed out on this occasion.

SarEl

I agree with everyone! It actually depends on a range of things, but an employer does have the right to insist that leave is taken during the notice period, and they commonly exercise this right if you are being put on "gardening leave". If you argue this out, they may - MAY - just give it up and agree with you. But they also may not.

Premier_2

You offered your resignation on 13th June (a Sunday?), presumably not specifying when you planned to leave but by the sounds of it, hoping to do so as soon as possible.

Therefore you would have expected to work and be paid until 13 July representing the one month contractual notice.

You need to refer to your contract of employment over when holidays are permitted to be taken (but usually it is something like as requested by you and approved by the employer in advance ... except for public holidays, but they won't affect you). If it says you have to take them as directed, then you're stuffed, I'm afarid.

Your holiday entitlement will continue to accrue for the period of notice. Any accrued and untaken holiday should be paid for at the end of any employment.

In this case though, it appears that (a) you want to leave asap and (b) the employer doesn't want you to stay. What they are doing, I believe, is trying to negotiate an amicable settlement. As long as both sides agree, you can effectively tear up any terms of employment previously agreed.

They've said you are not required to work the notice but will pay you, but in return ask that you consider taking your untaken holiday to form part of the notice period.

It's up to you what you want to agree to and how hard nosed you want to be about it.
Be sure what is set in concrete, and what is being used as a negotiation ... and whether any actions may sour the situation; you never know when you may need their help later.

Evilm

I personally think you could only claim the extra days if you had worked your notice and worked every day you would have normally for that period.

SarEl

Premier wrote: »

You need to refer to your contract of employment over when holidays are permitted to be taken (but usually it is something like as requested by you and approved by the employer in advance ... except for public holidays, but they won't affect you). If it says you have to take them as directed, then you're stuffed, I'm afarid.

What the contract says is not, I'm afraid, relevant. The only right to be paid for accrued holiday is in the case of employees terminating their employment after a period of prolonged sickness where they have been unable to take their leave. There is no other right to be paid for untaken leave, unless the employer insists on an employee working their full notice period and refuses them the right to take their leave. In this case the employer has insisted that the leave is taken as part of the notice period.

lijaloo

Thanks to everyone who has responded, but I am more confused than ever. Doesn't take much nowadays to confuse me!!

I emailed my letter of resignation on 13th June, it was acknowledged on 15th June by letter sent via email which clearly states that I do not have to work my one months notice period. I will receive pay in lieu of notice. It also says that I should take my four days leave making my last day of employment the 21st June. To me that implies that I will be paid until 21st June and the notice period starts from 22nd June.

SarEl

"Implies" doesn't mean anything. Have you thought of asking? Maybe there isn't an issue here!

Judas

lijaloo wrote: »

Thanks to everyone who has responded, but I am more confused than ever. Doesn't take much nowadays to confuse me!!

I emailed my letter of resignation on 13th June, it was acknowledged on 15th June by letter sent via email which clearly states that I do not have to work my one months notice period. I will receive pay in lieu of notice. It also says that I should take my four days leave making my last day of employment the 21st June. To me that implies that I will be paid until 21st June and the notice period starts from 22nd June.

I don't agree that implies that.

To me the common understanding of the above is you resigned with a months notice; you use up your holiday then dont need to come back but get paid until 1 month from your notice being handed in.

You are being completely unrealistic and unreasonable and If I was them I would be considering making you work and do everything to make it as unpleasant as I could given the fast one you have tried to pull.