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

Zazen999

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.

No it doesn't imply that.

You are being paid to your notice date; 13th July.

If you were to work the 4 days leave, then you would be paid an additional 4 days as you would still be owed those days leave. Those days leave are included in the time between the start of the holiday year and the day that you leave. Having them does not change your notice period.

What they have done is to [effectively] put you on gardening leave after you have taken your [owed] 4 days leave. So you are getting a month's pay for no work [less the 4 days already owing as part of your annual leave].

lijaloo

Again thanks to those who have responded. I was not acting unreasonably far from it as I was forced to resign. Its a long story, but have left everything in the capable hands of a solicitor who feels I have a case for unfair constructive dismissal.

Premier_2

SarEl wrote: »

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.

Do you have a source for that please?

It's not my understanding, nor appears to be that of Acas

　

What does the law say about holiday entitlement?

[FONT=Verdana,Verdana][FONT=Verdana,Verdana]The Working Time Regulations 1998 set down the minimum annual leave provisions for workers although some employers may provide more generous contractual holidays.[/FONT]

[FONT=Verdana,Verdana]Under the Working Time Regulations, workers(1) (including part timers and most agency and freelance workers) have the right to:[/FONT]
[FONT=Verdana,Verdana]• four weeks paid leave each year (since 23.11.99) [/FONT]
[FONT=Verdana,Verdana]• payment for untaken statutory leave entitlement on termination of employment [/FONT]
[/FONT]

http://www.acas.org.uk/media/pdf/i/c/AL03_1.pdf



Edit: This is what directgov has to say on the matter:
(I think it's more up to date as under statutory holidays you are now entitled to 28 days holiday, assuming you work a 5 day week)

When you leave your job

When you leave a job you can take the statutory holiday entitlement that you have accrued up to the time you leave during your notice period, as long as you give the right notice and your employer agrees.

You also have the right to be paid for any untaken statutory holiday entitlement that you have accrued.

If you have taken more leave than your accrued entitlement, your employer shouldn't take money from your final pay unless it's been agreed beforehand. Check your contract to see if there's any such agreement.

If you have been off sick for the whole of the holiday year, there is no legal right to receive any holiday pay when you leave.

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711

mariefab

Did your solicitor fail to advise you that in order to claim constructive dismissal you should resign without notice. With constructive dismissal you contend that your employer has breached the contract in such a fundamental way as to render it void, thus leaving you no choice but to walk out. So, effectively it's a wrongful summary dismissal.

Giving a month's notice and continuing to work or take holiday after your resignation suggests that you didn't consider the breach to be serious enough to end the contract. Instead you acted as though you believed that the contract was still in force.

lijaloo

Actaully didn't work after my resignation letter was accepted. Was told to take the four days leave and that I would receive pay in lieu of notice.

Premier_2

lijaloo wrote: »

Actaully didn't work after my resignation letter was accepted. Was told to take the four days leave and that I would receive pay in lieu of notice.

Irrelevent to the post about constructive dismissal.

You wouldn't have given notice. As you said you gave notice and only didn't work that notice because the employer didn't want you to ... not because you had decided you couldn't bear anoher mninute in that job. You actually appear to have worked 2 days of that notice until the employer acknowledged receipt of your notice and told you not to bother coming in again.

As an aside, you keep referring to your employer accepting your resignation. In law, the employer doesn't usually have much choice except in certain exceptional circumstances (such as the notice failed to allow for the contractual period of notice required). Likewise, once given, you cannot withdraw your offer of resignation (unless the employer agrees to such withdrawal)