Having notice period cut short without warning - what are my rights?

Lastchancesaloon28

Hello All,
I'm after some advice. After almost 2 years I handed in my notice (4 weeks as per my contract) 2 weeks ago. Suddenly on my day off yesterday I received several messages and calls from my colleagues asking if I was ok. To make a long story short, my boss had sent out a company wide Email (I wasn't included in the email) saying that it had been agreed that the day before had been my last day and that I'd only be working 2 out of my 4 weeks notice period allowing "both parties to move on"). Following that email my company email was disconnected shortly after. I had no communication from him or HR until I received a text message this morning from HR asking when a good time to talk would be.

I'm at an utter loss tbh as to how to proceed but I need to ensure that I get paid for my full notice period especially as the email suggests that the decision to cut my notice period was a mutual one. Another issue is that my employment contract is on my company emails which I have no access to anymore and I feel absolutely shocked how they can send a company wide email without talking to me first.

Can anyone advise to what rights I have and what to do next?

Thanks in advance.

sangie595

Lastchancesaloon28 wrote: »

Hello All,
I'm after some advice. After almost 2 years I handed in my notice (4 weeks as per my contract) 2 weeks ago. Suddenly on my day off yesterday I received several messages and calls from my colleagues asking if I was ok. To make a long story short, my boss had sent out a company wide Email (I wasn't included in the email) saying that it had been agreed that the day before had been my last day and that I'd only be working 2 out of my 4 weeks notice period allowing "both parties to move on"). Following that email my company email was disconnected shortly after. I had no communication from him or HR until I received a text message this morning from HR asking when a good time to talk would be.

I'm at an utter loss tbh as to how to proceed but I need to ensure that I get paid for my full notice period especially as the email suggests that the decision to cut my notice period was a mutual one. Another issue is that my employment contract is on my company emails which I have no access to anymore and I feel absolutely shocked how they can send a company wide email without talking to me first.

Can anyone advise to what rights I have and what to do next?

Thanks in advance.

Technically, they can't do this. But it is going to turn into a case of "he said / she said" if it went to court. They are saying it was mutually agreed. They may not have any evidence for that, but you don't have any evidence it wasn't either! I'd have to be asking whether the two weeks money was genuinely worth getting as far as what might be a very messy court case. But prior to that I would be talking to HR first to check that they don't intend to pay the rest of your notice period - they may in fact intend to. If they do, problem solved; if they don't you need to ask why since you didn't agree this at all, and come back then for further advice on letters before action.

ERICS_MUM

In my old company it was common for people to not work out their notice - they were still employed and paid until the notice period ended. This was mainly to stop staff doing something to damage the company or trying to take clients with them.

The only thing I'd be concerned about is getting paid for the whole four weeks. As long as you are assured on this I really wouldnt bother trying to find out why. Sounds a crappy management anyway and you are well out of it.

Good luck. Xx

[Deleted User]

I'd tell them it isn't good for camaraderie!

See if new employer can take you early.?
Normally they are chopping at the bit.

The U.K. gov link says upon handing in your notice, an employer can "tell you how longer a notice period you can work" that's the bit that worried me but perhaps you can turn it to your advantage ie. Day 1 they should have told you how long to serve?

Did you tell any customers/suppliers you were leaving? someone was trying to work me up yesterday, but I said there was good reason why I wouldn't announce my leaving to sources beyond the management/immediate colleagues. Guess some people think people leaving get into that attitude phase. I put my notice in and immediately the boss retorted with 'would' you work you're week's notice. As if this must have been some sort of punishment! Though not entirely sure I'd have liked 4 weeks not being spoken to when really straight away someone can go. (at their risk)

sangie595

Deleted%20User wrote: »

The U.K. gov link says upon handing in your notice, an employer can "tell you how longer a notice period you can work" that's the bit that worried me but perhaps you can turn it to your advantage ie. Day 1 they should have told you how long to serve?

I was pretty sure that it couldn't have said that, so I went and read it. It doesn't say that at all!

Tigsteroonie

You may find that HR were meant to have phoned you before now to discuss this, that your ex-Boss thought they already had, hence why the email went out. Some HR departments aren't very reliable ...

paddyrg

They clearly wanted to make sure you didn't steal the spoons/backdoor the IT system, so moved you on (writing off the 2 weeks work which they'll pay plus any holiday) as cheap by comparison. And maybe they said all the 'mutually agreed' stuff so all parties could keep face enabling you to look for another job more easily.

It's only an issue if you don't get paid, in which case threaten to sue and they'll pay. It's much cheaper to buy your last 2 weeks than fight, especially on dubious grounds

agrinnall

sangie595 wrote: »

I was pretty sure that it couldn't have said that, so I went and read it. It doesn't say that at all!

I thought the same but couldn't summon up the enthusiasm to read up on it, so thanks for checking it and putting my mind at rest. :beer:

prowla

The company can put you on gardening leave, terminate your access, or whatever, but they can't unilaterally cut short your notice from what it says in your contract.

mumcoll

My OH resigned while on sick leave. They wouldn't pay him the full month and when asked why, HR said "Contractually we don't have to". He had resigned due to feeling bullied by his manager so didn't challenge it.

getmore4less

mumcoll wrote: »

My OH resigned while on sick leave. They wouldn't pay him the full month and when asked why, HR said "Contractually we don't have to". He had resigned due to feeling bullied by his manager so didn't challenge it.

The contact can't override the statutory requirements that can include some payment if certain conditions are met.

In the case of resignations this can be 1 week full pay