Should I have been paid notice?

lynzpower

hi there

I was working for a company as a trainee estate agent recently.

Despite adoring the job, there was a real lack of property to sell , and I was concerned about coming to the end of my protected salary ( 17k for the 1st 3months , then 10k basic) with no commission in the pipeline.

I had been considering my options but going to work and doing what I could to make sales.

Anyhow, I had an epiphany and thought I better leave, and look for something more lucrative.

I called the manager and siad, listen im not well enough to come in ( it was genuine migraine) and since you are on jhthe phone , I just wanted to have a chat about my future, im not convinced its going to work out. She said "oh, are you thinking of handing in your notice" I said yes Im thinking about it, she said oh dont do that" I said I dont see what choice I have given the lack of stock and the market being what it is" " she replied "have you made your decision then " I said "yes, actualy I have i tihnk i want to leave"

She then said shed phone HR. I said Im more than happy to work out my notice she siad she would call HR and find out

She rang me back to say shed spoken with HR and I didnt need to come back to work. I expressed about my sales, and that all work was up to date, but that I felt bad for my clients, and I wanted to crack on and ensure the sales were tidy.

She said, dont bother its fine- bring your car back and thats the end of it.

Now, Ive had my payslip through and they have paid me daiy till the day I left.

Should I have been paid out any notice? I was there 2.5 months . theres nothing in the contract about notice periods. and i was paid monthly.

melancholly

bizarrely i was talking about this type of situation with OH at the weekend - he seemed to think that if you hand in your notice, then they don't have to pay your notice period if they don't want you to work it. but if they sack you, then they have no choice. i wouldn't take that as gospel though - someone else you really knows should be along soon to correct me

LittleVoice

Notice should be given in writing. It seems neither side gave notice in writing. In the absence of anything else in your written particulars (which you should have received as you had been there more than 2 months), the statutory notice period of one week would have been required - from either side.

Did you take any holiday (including bank holidays) during the 2.5 months working there. You may have been entitled to holiday pay.

When did you return the car? That should have been available to you during your notice period if it was included in your reward package.

Even if they accepted your phone call as acceptable notice, given that you offered to work it out, you should have been paid for it.

lynzpower

LittleVoice wrote: »

Notice should be given in writing. It seems neither side gave notice in writing. In the absence of anything else in your written particulars (which you should have received as you had been there more than 2 months), the statutory notice period of one week would have been required - from either side.

Did you take any holiday (including bank holidays) during the 2.5 months working there. You may have been entitled to holiday pay.

When did you return the car? That should have been available to you during your notice period if it was included in your reward package.

Even if they accepted your phone call as acceptable notice, given that you offered to work it out, you should have been paid for it.

I took the car and phone back the following morning as requested.

I have got the written particulars however, they mention nothing about notice at all

I did get my holiday paid.

There was also a deduction for a scrape on the car that Im more than happy with and not going to quibble over.

ill check the dates once again.

If I havent been paid notice, how do I go about claiming it?

LittleVoice

Note red text below:

lynzpower wrote: »

I have got the written particulars however, they mention nothing about notice at all Then it means that you should have given or received one week's notice.

I did get my holiday paid. Did you have information about your holiday entitlement in your written particulars? Did you take more or less holiday than you would have been entitled to on a pro rata basis. I reckon you will have been entitled to at least four days during your employment (based on minimum 20 for a whole year). I guess that you may have had 2 at Easter and 1 in early May and so would have been entitled to at least one day's holiday pay unless you took other holiday. Holidays not taken can be paid for when someone leaves employment.

If I havent been paid notice, how do I go about claiming it? Write and say you think there was something wrong with your final pay and spell out what was wrong. Have you had your P45 yet?

lynzpower

no Im still waiting for my P45, as I need it particularly as I have been here in my new job for over 3 weeks, and my 1st payday for this job is on Friday. Ive been hassling my old employer for the p45, but nothing has come yet, they claimed it should have come last week. I emailed last night about this, as now im gonna be emergency taxed this month which is going to be a real struggle.

lush_walrus

I just had a look on ACAS...This is what they say

http://www.direct.gov.uk/en/Employment/Employees/RedundancyAndLeavingYourJob/DG_10026689

Savvy_Sue

If you don't have your P45, ask for a P46, which you'll (presumably) sign to say "This is my only or main job." That way you might pay a little more tax than you should, but not as much as on Basic Rate with no tax free allowance.

Then hand in your P45 when it arrives, and it should all get sorted.

You can download a P46 from the HMRC site if your employer looks at you blankly!

CFC

Littlevoice,as ever, gives sound advice

lynzpower

P45 has arrived. - cam yesterday.

Is it supposed to show ALL earnings from the complete perod I worked there? Or only from the start of the new tax year. Ive recieved it and it says I was paid 40 quid from the start of the new tax year

LittleVoice

P45 is for the tax year in which it was issued. You should have a P60 for last tax year (which you should get soon as these can be generated at the time the employer completes P35 end of year return which was due in by 19 May).