Gave notice, boss didn't want me to work it, should they pay me for it?

Suewre

Sorry this is so long, but I feel I should give all the facts.

On 2nd May 2006 I started work as a temp for a small company run by a mother and son. The other member of staff was a temp as well. On 25th May another member of staff started, in June the other temp got a permanent job and left. On 21st August I started there permanently, as did another member of staff.

So there were now three of us working 9-5.30 Mon to Fri, and working 2 Saturdays out of 3, 9-12.

By 21st October none of us had seen or signed a contract, so I mentioned that by two months we should have seen a written statement of employee particulars. A few weeks later we were shown a blank copy of the contract they used (I took a photocopy when the bosses weren’t in). Saturdays were an unpaid extra! And one months notice had to be given.

In Feb this year, the lady who started on the same day I started officially handed in her notice, on a Tuesday morning. She had the following Friday and Monday booked off as holiday. So she worked until the Thursday and left. Mrs Boss admitted it was their own fault that she only had to give one weeks notice, as they hadn’t got her to sign a contract yet. I have spoken to her since, and she got paid her outstanding holiday pay. And the boss posted her wage slip to her.

After this, there were only two members of staff, so things got very busy and we both had to work every Saturday morning.

Tuesday 13th March at about 3pm, I informed the bosses that I had been offered another job. Mrs boss hardly let me get my sentence out before she stormed out of the room slamming the door. The rest of the afternoon was very difficult, as she refused to talk to me, so if I put a phone call through to her, she would answer the phone, but once she knew it was me, wouldn’t speak, so I just had to put the call through, assuming that she wanted it! She did come down and glare at me a few times though. Not much fun.

At 5.25 she came and sat at the desk next to me and asked me what the plan of action was.

I explained that they didn’t want me to start my new job until the end of April, so I could work until then, or until they got a replacement for me, or for the month, or (as she just stood there glaring at me) just for the week if she wanted. She said she wanted me to go right then. I said I was sorry she felt that way, and she said it was justified. So I stamped the letters, tidied my desk, got my bag and gave her my key and left.

Pay day is on the 15th, up to the 15th. So I got paid for two days after I left. But she still hasn’t sent me my payslip, 5 weeks after I got the money.

I was informed that holiday was four weeks, plus bank holidays. So by my reckoning, I was due 11 days, I have taken 8, so was due 3 more. I also think I was due one weeks pay for the notice that she didn’t want me to work. I have been paid for two days, so I think I am due 6 days pay. Am I correct? Nothing has gone into my account. And as I said, no payslip for the 15th March, and as yet no P45.

Mrs boss is the type of woman who will delay doing something if someone asked her to do it, so I didn’t bother chasing up the payslip earlier, but I will need my p45 when I start work on the 30th. Any suggestions as to how to chase this up? I need to word any letter very carefully.

Many thanks for reading this far.

liney

If an employer decides you are not required to work your notice period, they are still obliged to pay you for it. Most contracts state that if you are not required to work, you must not work anywhere else during the notice period and be available to answer work related questions.

regularsaver1

they need to do your p45, defo

hjb123

You may be best getting some advice from ACAS or the Citizens Advice Bureau to see what they can advice.

Have you spoken to your ex employer at all since you left?

jamminjamaica

they have to do your p45. i think they are legally obliged to do it. you could contract the inland revenue and make inquiries

jobbingmusician

In order to work out your holiday, you need to know when your holiday year runs from.

If it runs Jan - Dec, you may have lost some holiday for last year, and you may only be entitled to holiday accumulated since January this year. (It is also possible that the holiday year starts on 1st April, of course, but in this case because we are still in April I think your employer would have problems in not paying you for holiday accumulated last year).

If I were you I would write a letter explaining exactly what you think you are owed, and send it to the employer. Post it on here before you send it, and we'll all help to get the wording exactly right!

I would NOT assume that you have only a week's notice. After all, she (the boss) wasn't pleased that the other, earlier leaver gave only a week's notice, was she? It might be worth (if you can bear to be in the same office as her) writing her a letter saying that you understand your notice period is one month, and that you are prepared to work this month's notice. If she doesn't reply or acknowledge this offer, you are then in a stronger position to claim (legally, if necessary) that you understood that the notice period was a month, that the employer did not deny this, and that you expected to either work this or at least be paid for it. I don't see why you should be done out of a month's wages just because Mrs Boss is having a hissy fit!

Savvy_Sue

The ACAS website ...

it's very good for finding out what is assumed to be in a contract if you don't have a written one. I may be imagining this, but if you were paid monthly, it may be assumed that your notice period is a month too, and therefore you'd be due a month's money ...

don't spend it yet, but check that out!

ALIBOBSY

My understanding is if you were employed on a permanent basis, as soon as you have worked over 1 month you become due statutory notice of 1 week. Once you have worked for 2 years this rises to 2 weeks and after that you get 1 week for each year you work up to a maximum of 12 wks. My understanding is this is enshrined in law. However this doesn't apply if you are sacked for gross misconduct, which is what employers tend to use to get out of paying. Or she could say you gave her notice and didn't turn up to work the notice. She should pay you at least the stat notice, and more if your contract stipulated a higher amount (as someone on here said alot of monthly paid staff have a months notice in their contract). I think I would write to the company about this and the holiday pay and see what they say. Did you get a letter or anything accepting your notice, but refusing you to be able to work it? Alot of companies refer to this as "gardening leave" as they know you are leaving, but they don't want you physically to sit and work out your notice.
Good luck hope you get your cash
ali

Savvy_Sue

Sorry meant to actually give you the link to ACAS

Suewre

Procrastination, it's a wonderful thing.

I have now received my P45 (but not my pay slip for 15th March!)

It states my leaving date as 13th March (the day I handed in my notice) my tax code at 522L and week or month number as month 1 (in March?) and nothing in the boxes for total pay to date and total tax to date.

I am not prepared to go into the office to talk to Mrs Boss. She will make me cry. I have been in the office enough times when someone has gone in to ask for something she doesn't want to do (it is a lettings agent) to know how she deals with things. That is why I have been putting off doing this letter. At least I start my new job on Monday. Payroll Administrator for an accountants. I am really looking forward to it. Aargh, here I go again, chatting when I should be planning a letter.

I will be back when I have drafted a copy in word.

Suewre

Very rough copy. I thought it best to get down what I want to say, and worry about how to say it later!


Dear Mr Boss and Mrs Boss

I have now received a copy of my P45, but unfortunately there is a mistake on it.

It states my leaving date as 13th March 2007, but this was the date that I handed my notice in, making the date of my leaving (the company) 20th March 2007. The fact that I was not required to work during this notice period is irrelevant as I was still working for you during this period, and am still entitled to payment for this period.

Also, during the period 21st August 2006 – 20th March 2007, I was entitled to 11 days holiday, I took 8 days holiday ( I enclose a copy of my holiday record sheet) leaving three days holiday due to be paid.

I have been paid up to and including 15th March 2007, meaning that I am still due six days pay up to the ending of my employment.

Please could you arrange to forward my final 6 days pay, an updated P45, and my payslips for the period up to 15th March and for the final pay as soon as possible.