Need Help

Shoesie

Hi everyone

I would really appreciate your help and advice.

I work in IT for a large Manufacturer in the Uk. How ever i am relocating in February and so will be leaving my job. My notice period for my job is 1 month. However i adviced my manager and HR, via email, on the 1st of December that I would resigning and would like my last day to be the 12th of February 2012. I stated my reason for giving a longer notice period was to help them find a replacement.

Two days later my manager tells me that as my notice period is a month they are taking it as a months notice and said they want me to leave right away but will pay me for the notice period.

I have worked for the conpany for 7 years (6 full years as 12 days short of 7) and i feel very aggreived by this. It has left me in financial difficulty due to the future move in feb.

They also sent me a letter saying that I will have a shortfall in my holiday entightlenent of two days. I can only assume this is due to the month of december not having been worked, also the holidays for christmas and boxing day are obviously no longer required.

Lastly, i would also have been paid 10% of my wage as an "on call fee" for being on call (obviously).

Please could someone advise me where i stand legally and what entitlements i have if any.

Thank you

Andy

getmore4less

I don't think they can do this,

you can give any notice period you want as long as it is more than contractual.

The minimum notice they could give you would be 7 weeks, but that could be an unfare dismisal not sure if they can counter notice in this case.

Shoesie

Thanks getmoreforless

I have had mixed advice to be honest.

Anyone else have any advice? Thanks, most appreciated

getmore4less

Who is tellling you they can do this?

Shoesie

I had spoke to ICAN and CAB and also a couple of friends who are managers.

Trying to look online and it looks pretty vague. I think I will ask an online solicitor. For the sake of £22 at least I will know where I stand. I will then post the conversation on here for reference for anyone else who is in a similar situation.

Might save someone else £22

cr1mson

Shoesie wrote: »

I had spoke to ICAN and CAB and also a couple of friends who are managers.

Trying to look online and it looks pretty vague. I think I will ask an online solicitor. For the sake of £22 at least I will know where I stand. I will then post the conversation on here for reference for anyone else who is in a similar situation.

Might save someone else £22

Before doing this I would move this to Employment, Jobseeking and Training as this is not really the right forum. That way you might get a better response from some of the people who know their stuff over there.

Also doublecheck that you don't have legal insurance through your house insurance.

C

getmore4less

There are 2 issues

First your notice

you have to point out that your notice is till the Feb date, they can't change that to 4 weeks, you are considering this as a dismisal and will be taking legal advice.

Second any counter notice.

I think the minimum counter notice they can give is 7 weeks and this still needs to be for a fair reason, which they won't have.

HelloSunshine_2

ACAS were a great help to me when I had problems over maternity leave. You can speak to them on the phone, they chat for as long as required, they know their stuff, and are completely independent....oh and free.
Worth a try before you shell out.....

Shoesie

I sent an email to the HR manager asking stating i would be entitled to all benefits that i would have recieved during the period of notice that I am not working.


"I can confirm that the contents in the final letter that you recieved from us was correct. Your final day with the company was 1st of December 2011, therefore your was no longer available on call and in turn pay isn't applicable for that period. The same applies for the Bnk Holidays; you accrue holudays at a rate of 2 days per calender month based on you working the full month. Due to you not working in December 2011 then you were 2 days short in your holiday entitlement."


what is my best course of action from here?

cr1mson

Shoesie wrote: »

I sent an email to the HR manager asking stating i would be entitled to all benefits that i would have recieved during the period of notice that I am not working.


"I can confirm that the contents in the final letter that you recieved from us was correct. Your final day with the company was 1st of December 2011, therefore your was no longer available on call and in turn pay isn't applicable for that period. The same applies for the Bnk Holidays; you accrue holudays at a rate of 2 days per calender month based on you working the full month. Due to you not working in December 2011 then you were 2 days short in your holiday entitlement."


what is my best course of action from here?

I would repeat my original advice and repost on correct forum.

C

Rainy-Days

What does your terms of employment contract states?

If it is one month notice then they are legally obliged to pay you one month's notice whether they wish you to work out your notice period or conversely request that you leave with immediate effect and pay you a month in leiu of the notice period.

It also depends on whether the 'on call' is paid on a pro rata basis i.e is it a condition of your employment and is it something that is written into your contract or is verbally based. The key here is what is written down signed and agreed and what is not.

To be honest I think you need some legal advice ACAS is a good starting point as someone else has helpfully suggested. Have a look about as some solicitors still do half an hour free consultation as well.