Over paid

solarsells

I worked for a council and got a better job inthe private sector. My contract stated I had to give one months’ notice.However My new employer wanted me to start straight away. I did not wish toupset the council and suggested that I worked one day a week at the council tohelp with the transfer of knowledge. I was told that this was not acceptable. I was in an awkward position where I had to try and satisfy new and oldemployer. I told the council that I would be starting the new job the followingweek and we would have to negotiate the notice period. It was arranged todiscuss the matter on the Friday. However the Friday came and went and theperson I was meant to see was not available. From this I assumed one day a weekwould be ok. I started my job the following week and went back into the councilon the following Friday as promised. The council had attempted to deny meaccess to the building, but I was able to get in anyway. I was also meantto clock in on a computer time recorder system but my access to the systems hadbeen withdrawn. However I stayed at the council and had my meetings and didsome training as expected.

During my time at the council I had worked for 3 months inmy own time developing a mobile working system for them. This was done at homein my own time as the council did not have the required equipment to developthe system. I received no monies for this.

I then received a letter from the council that I would becharged for 3 days that I had been paid for and had not worked. I said I wouldnot pay as they did not give me the opportunity to negotiate a mutuallyacceptable notice period.

Do I have any rights here in what has happened.

Uncertain

You don't have a right to negotiate "a mutually acceptable notice period". This was done when you agreed your contract!

OK, you could have asked and they may have agreed to change it but there is no right.

If they prevented you from working your contractual notice then of course they must pay.

If however you did not work your notice without their consent then they have, at least in theory, a claim against you for any unavoidable losses this caused. That does not give them the right to withhold payment but could give rise to a counter claim if you pursued it.

The "free / unpaid" work is another matter. This depends on whether there was any agreement, prior to the work, that this was outside of your contract and subject to a separate payment.

StumpyPumpy

solarsells wrote: »

Do I have any rights here in what has happened.

I would suggest you have a lot fewer rights than your employer does in this situation. You broke your employment contract, you gained access to the workplace despite knowing they had attempted to deny you access and now you are refusing to pay back money that you owe them.

Though it probably won't happen, they could take you to court over all this and demand compensation. You will also probably find that you have actually been sacked for gross misconduct or something similar, and God help you if a future (or your new) employer decides to ask them for a reference.

Smi1er

Are you for real?:rotfl:

Your notice period was one month. That means you resign, and you work for one more month. Simples.

Put shoe on other foot. Council tell you your job no longer exists. You tell them they owe you one months money as notice period... they say no. no doubt you would rant and rave about it.