Dismissal/Notice

Marker_2

Advice required asap for relative.

They have handed in their one months notice today, and almost immediately after were marched out of the office and told not to come back. Can they do this?

They stated they will pay for today and any outstanding leave entitlement.

Wanted to know whether the one months notice is a two way street.

Advice appreciated.

Pricivius

Check the contract - it will tell you what notice the company has to give depending on how long the employee have been employed.

Also check for PILON or garden leave clauses.

And then let us know what it says.

anamenottaken

Also please let us know the date the employee started employment.

Marker_2

She's been employed between 5 years.

Takeaway_Addict

Are you sure she hasn't been put on gardening leave?

McKneff

I would have thought if they had asked her to leave immediately, then they would have to pay her notice period plus any holiday accrued.

See the ACAS website.

mrschaucer

The relative is entitled to pay for the period of notice plus holiday pay calculated to the end of that notice period. The employers are effectively trying to dismiss this person immediately without pay or notice, which they can't do (unless the relative has done something very bad and they are dismissing on the grounds of gross misconduct?

anamenottaken

Marker wrote: »

Advice required asap for relative.

They have handed in their one months notice today, and almost immediately after were marched out of the office and told not to come back. Can they do this?

They stated they will pay for today and any outstanding leave entitlement.

Wanted to know whether the one months notice is a two way street.

Advice appreciated.

Notice periods do not have to be equal for both parties.

However, unless her written particulars specify a longer period, if she has completed four years but not yet five years employment she would be due at least four weeks' notice from the employer. If she has completed five years (but not yet six) then she would be entitled to five weeks' notice.

As she has handed in her notice, then they would need to pay only for the one month till the expiry of her notice. (They could not rely on 4 weeks - if she has not worked for them for five complete years - unless they have clear grounds to dismiss her for a fair reason.)

Nightranger

Marker wrote: »

Advice required asap for relative.

They have handed in their one months notice today, and almost immediately after were marched out of the office and told not to come back. Can they do this?

They stated they will pay for today and any outstanding leave entitlement.

Wanted to know whether the one months notice is a two way street.

Advice appreciated.

Has relative kept record of notice letter? If only verbal notice given, the employers have been nasty but it will be impossible to prove. I am afraid this kind of thing is far from uncommon and like everything else in the UK, it has mostly been stacked in favour of the employer.