Please advise Dh and I about leavers wages.

sleepystar1975

Hi All.

I really hope I am posting in the right place, I haven't ventured to this part of the forum before.
I am looking for advise on my Husbands behalf. Sorry....it's a long one.

He was made redundant in Dec 2008, and refusing to stay on benefits while looking for work (being at home woth me was just too much for him, lol!), he joined a recruitment agency, where he got himself established in one company who really appreciated his work, he started as a forklift operator, but gradually they trained him up in oterh roles including stock control, they promised him that as soon as their recruitment ban was lifted, they would put a contract on the table for him. Sadly, after 12 months, the recruitment ban was still in place, so he started looking for other work, while staying at this place. Eventually he heard of another local company looking advertising a similar stock control job, so he applied for it and got it. He started in August 2010. The first company were so sorry to see him go, but understood his need for the security of a contract. They said to him "any problems, come straight back here, we'd have you like a shot!"

Everything seemed to go well, and in December he had his appraisal/3 month review, where they were full of praise for him. He had improved their stock accuracy numbers from the low 70%s, to high 90%s. However, he went back to work after Christmas, where stock takes were taking place. Dh was really struggling to get his head round figures, and it had turned out that LOTS of stock had been checked in wrongly (another team and shift check stock in apparently), he approached his manager, who told him to "botch the figures" just to get them though, then he would look into it afterwards. Dh argued that this would lead to repercussions, but the manager insisted.
Then, last Monday (Jan 10th), he gets called into the office by this manager and told he is beign suspended on full pay, pending an investigation into gross misconduct, with the accusation of "failing to perform his duties effectively". He was given a letter telling him that the suspension was on full pay, and he was not to contact anyone from work during these investigations, and he was to make himself available to come in at short notice, etc etc. The letter was poorly worded, and even had a whole paragraph that the manager had crossed out - as it was in relation to another employee who'd been suspended for being drunk at work! He asked what he was supposed to have done or not done, but they refused to answer his questions and asked him to leave.

I told him that he deserved so much better than this, and to tell them to shove their job (I am much more hot headed than him!), but rather than do that, he contacted the agency where he'd worked before, to ask if there was any availibilty - they practically jumped up and down when he asked, as the company had spent since August complaining that they could find no-one to fill Dh's boots! SO all he had to do was say the word, and they'd have him back ASAP.

In the meantime, he was waiting on the current job contacting him about their investigations. It was late Tuesday when the rang to say come in on Thursday morning, we'll send all the necessary info by post. Then on Wednesday, they rang to say they wanted to change it to Friday. By Thursday morning, the promise info pack hadn't arrived, so he rang the manager, who promised he'd have it by the end of the day. Then he rang again at 6.30pm to say, sorry we didn't get it to yu, pop in 5 minutes early before the meeting to read it (5 minutes to read all the info that was potentially against him:mad:), by this time, Dh was finally picking up on my feelings, that he was being made a scapegoat for something. So he drew up a letter of resignation, offering 1 weeks notice - as regardless of the outcome, he felt his position within the company was untenable.

So, he went in a bit earlier, but the info still wasn't given to him till 5 minutes before the appointment. The meeting was held by the manager and a HR lady.
The accusation was.....the fact that he had botched the figures on the stock take!!! He tried to say to the HR lady that the manager had told him to do that, but it fell on deaf ears. All of the related employees had been asked to write a letter about Dhs work, but all the complimentary letters weren't included in this investigation pack, only several frm one guy that the manager is extremely pally with.
Then Dh was asked to leave the room while they discussed things. Guessing were it was going to go, he calmly gave them his letter, and said, perhaps you would like to read this while you discuss it.
A few minutes passed, he was called back in, and the manager accepted his resignation. Dh said "what happens now" in reference to working his notice, but the manage narkily said, "just go, I don't think there is any need for you to work your notice"

So, he went back up to the agency, and started work back at the old place this monday, where they were thrilled to see him again.

It has since come out from other employees of the company he's just left, that they get through a stock controller every 6 months or so, for exactly the same reasons!

Anyway, the reason I am writing this essay.....he went to the bank today, and nothing what-so-ever has been paid in. Not the pay that was due while he was suspended, nor any wage for this week, which would have been his last week if they required him to work in.

I have been getting conflicting advice over whether they have to pay him for the notice period, as he offered, and was willing to work the notice period, so advice on that would be gratefully recieved, but also, when he phoned them about the pay for last week, they say that it's company policy NOT to pay people while suspended, it is, allegedly, in the employee handbook...which they had none in supply when he started, and promised him one when they came from the printers, but never got one! His letter of suspension clearly says "on full pay" though, so surely something should come from that?

Can anyone offer any help on what pay he is entitled to?


Thanks for reading, hope you are still awake after that lot!!

duchy

I'd write them a formal letter (send it recorded delivery) saying " As you are aware I was suspended on full pay-as confirmed in writing by yourselves (copy enclosed) and offered to work my notice which was declined by Mr XXX so am due pay from xx date to xx date-(the end of his notice period) plus X days of holiday. This has not yet been paid and I would appreciate this pay together with my P45 is sent to me as soon as possible."
If they don't pay up and he isn't in a union then talk to CAB or ACAS about the next step.

bluetownbarry

duchy wrote: »

I'd write them a formal letter (send it recorded delivery) saying " As you are aware I was suspended on full pay-as confirmed in writing by yourselves (copy enclosed) and offered to work my notice which was declined by Mr XXX so am due pay from xx date to xx date-(the end of his notice period) plus X days of holiday. This has not yet been paid and I would appreciate this pay together with my P45 is sent to me as soon as possible."
If they don't pay up and he isn't in a union then talk to CAB or ACAS about the next step.

But if I've read this correctly, he resigned? If he did, there is no contractural right for the employer to pay him notice. If he'd have waited to be sacked (as he anticipated) then that would be different matter.

Seems he jumped a tad too soon.

bluetownbarry

bluetownbarry wrote: »

But if I've read this correctly, he resigned? If he did, there is no contractural right for the employer to pay him notice. If he'd have waited to be sacked (as he anticipated) then that would be different matter.

Seems he jumped a tad too soon.

Sorry, should have added that if i have read this correctly, he is still entitled to any accrued holiday pay (assuming he hasn't used it).

getmore4less

bluetownbarry wrote: »

But if I've read this correctly, he resigned? If he did, there is no contractural right for the employer to pay him notice. If he'd have waited to be sacked (as he anticipated) then that would be different matter.

Seems he jumped a tad too soon.

If you resign with notice you are entitled to notice pay unless you mutualy agree other arangments.(the sacking would probably have been for gross misconduct for which notice would not need to be paid)

The company could argue that is what happened(not sure what would happed at a ET but chances are they will pay it will be cheaper for them).

When they offered to let him go immediately he should have checked that it woukd be paid as PILON or garden leave.

Any case a letter asking for all moneys due with a copy of the suspension letter wit ha time yo pay, if it is not forthcoming then a ET is in order.


Whenever a manager asks you to do something you don't like get it in writing or get witnesses.

sleepystar1975

Thanks everyone for the replies (and for reading the essay - did you need a coffee at the end?)

Duchy, I will certainly get him to use that letter and get it sent off. Even if they find a way of arguing out of the notice period pay, it's only cost the price of a stamp to find out.
He did ask if he was to be paid for this period, as was told by the manager "for dropping me in the sh*t, you deserve F'all!", so rude and inconclusive!

He was also working a week "in hand", so surely something is due?

Getmore4less, can I ask what an ET and PILON is? I'm not up on the lingo here, sorry.

Another guy that works at the same place he's in now had that same job at the old place, with the same problems with the same people. He said he never did get his money, nor his P45.