Notice period/loss of pay/sick leave...help!

allylouloux

Hello,

I have a bit of an odd situation. I am mid-way through my months notice period, and don't start my new job until 20th Feb.

My current employer is making day to day life quite difficult...I literally feel like a traitor in the office; the owner of the company who has just returned from holiday has barely acknowledged me nor the fact that I am leaving (this wouldn't be unusual in a large company, but there are 6 of us in the office!). Any other employee leaving has been treated with respect, and been offered congratulations, had a leaving do planned etc. But I literally feel as though they hate me, and are treating me like I have deeply offended or hurt them by leaving. They have changed the business structure in such a way that I have no chance for progression, have had new responsibilities handed over to me with no pay review and I have overall felt incredibly underappreciated for at least a year. All of which means I have been wanting to move on for a while. The attitudes and general demeanour of the management towards me for the last 2 weeks and likely for the next has felt rather unprofessional. That's only part of the issue.

We get paid kind of odd, when you start they make you start at the end of the month and pay you mid-month, 2 weeks you have worked and 2 weeks in advance. That means that on 15th Feb I will only be paid for 2 weeks work. Also, bearing in mind that the 2 weeks I was paid at the beginning of my contract I was on a lower salary. We also do not get any bonuses we may have accumulated, so despite earning a £400 bonus in January, I will not receive this. Again this makes little sense, 'bonuses shall not be paid from the month you leave'...this bonus was earned in January, I am leaving in February, but because it falls into the February payroll I won't get it.

I have spoken to my boss to try and get compromise on my notice period so I could start my new job earlier and not miss out on pay. But that was denied. I knew the pay policy beforehand except for the change in policy in regards to the bonus pay, but now that I am in the situation, and timings mean that I may not receive any pay at all from my new job until the end of March I am panicking a little. I had hoped to change jobs after my husband sold his business (so we would be more financially settled to have me lose pay), but I was head hunted for this new job and couldn't turn it down!

Hypothetically, if I were to self certify myself to be off sick and earn a bit of cash with my mother in law to put aside and tide me over until I get paid from my new job rather than accepting a hand out from her, would this be wrong/illegal etc.? I just don't know what to do. I handed in my notice to stop feeling unappreciated, and to have a job that fulfils me both financially and personally; but I don't think I can face another 2 weeks being treated like crap and not being paid for it (I do understand I was technically paid back in 2014...I honestly think it's a ridiculous way to pay, but that's besides the point)

Any advice would be appreciated.

Person_one

If you're off sick but working for someone else, that's fraud. Don't!

Masomnia

They are most likely within their rights to withhold a bonus as in the vast majority of cases a bonus is discretionary, so if you don't fit the criteria they can just choose not to pay it. The last place I worked we didn't pay bonuses to people who were under notice, so I don't think it's unusual, even if it does feel a bit harsh.

Whatever their arrangements for paying you you should still be paid for the time you work, so I don't know what you mean about having two weeks unpaid. I'd query with them how your final payment will be calculated and made to you if you're not sure.

It's not 'illegal' to go off sick when you're not really sick but they could consider it gross misconduct if they found out, and it could affect future references even if they don't get round to holding a hearing.

In your situation I think you just need to keep your head down and push through the next couple of weeks. It doesn't sound like a particularly pleasant place to work, so be glad you're going. Good luck with the new job!

Undervalued

Masomnia wrote: »

They are most likely within their rights to withhold a bonus as in the vast majority of cases a bonus is discretionary, so if you don't fit the criteria they can just choose not to pay it. The last place I worked we didn't pay bonuses to people who were under notice, so I don't think it's unusual, even if it does feel a bit harsh.

Whatever their arrangements for paying you you should still be paid for the time you work, so I don't know what you mean about having two weeks unpaid. I'd query with them how your final payment will be calculated and made to you if you're not sure.

It's not 'illegal' to go off sick when you're not really sick but they could consider it gross misconduct if they found out, and it could affect future references even if they don't get round to holding a hearing.

In your situation I think you just need to keep your head down and push through the next couple of weeks. It doesn't sound like a particularly pleasant place to work, so be glad you're going. Good luck with the new job!

Well technically it is illegal as you are fraudulently obtaining money you are not entitled to (assuming you are getting at least SSP if not full pay). I agree it is not very likely the police will be knocking on the door but that is not really the point.

allylouloux

Thanks guys.

I was only considering helping out my mother in law to alleviate my guilt. She has offered to help me out money wise but I don't like taking something for nothing!

The bonus does feel harsh when I brought in 3 orders totalling over £45k and won't get the benefits of working my butt off on the jobs...but oh well!

The way they justify it is by paying me for 4 weeks work at the beginning of my contract when I had worked 2. And therefore pay me only for 2 weeks at the end of me contract as I have effectively over the last 2.5 years been paid for 2 weeks I have worked and 2 weeks in advance every month...but as I will not be here next payroll, I cannot be paid in advance. It's so confusing I'm sure that I'm not explaining it well haha.

It's a dumb system and I honestly think they do it so that the pay they would have had to shell out to me actually goes towards the agency fees of finding a replacement!

Sounds like the best bet is just to plough on with it all!

allylouloux

Undervalued wrote: »

Well technically it is illegal as you are fraudulently obtaining money you are not entitled to (assuming you are getting at least SSP if not full pay). I agree it is not very likely the police will be knocking on the door but that is not really the point.

I won't be getting any pay for the next 2 weeks, of any kind so not even SSP.

comeandgo

When you stared your job, the pay date was middle of month, the 15th. You got a full months pay then even though you had only worked half a month, you got two weeks is advance. Now you are leaving so you won't get your two weeks advance. I can't see the problem. There are a lot of employers who work this way.

marliepanda

allylouloux wrote: »

I won't be getting any pay for the next 2 weeks, of any kind so not even SSP.

You are though, these are just weeks you've already been paid for.

You're not missing out on any money.

Hedgehog99

They'll be your ex-colleagues soon so good riddance to them. Don't let their behaviour wear you down. Not worth it. Look forward to your new job.

As for money issues, can you just borrow from your MIL instead of her giving you the money? (assuming that doesn't leave her short)

allylouloux

2 weeks I got paid for in 2014, yes. I asked about the terms of pay before signing the contract and was told that it was monthly, mid-month. It was only made clear after I had started that they would pay me for 2 weeks extra. I asked if I could NOT receive this and just be paid for what I worked...never been paid in this way before, but it's company policy so had no choice. I had been made redundant and had to take a job as soon as possible so just had to lump it, even though I was not comfortable with the payment terms.

I understand it is legal and I am not technically losing pay, however I am currently going to be going to a new job where I will not be paid at all until the end of March on half a months pay from my current job.

I have explained the situation to my current employer and asked politely if there is any way I could be let out of the contract early so I could start my new job sooner and therefore not be completely shafted money wise until then.

I have been treated incredibly coldly, unprofessionally and basically without respect since I handed in my notice. As I said the owner of the company came back today from holiday and has not said two words to me, he has called through to another colleague to pass on a message to me rather than calling me. I do not feel as though I am being treated fairly in this respect. The company prides themselves of being 'run like a family' but in fact they certainly do not. (Another grievance I had was when my grandfather died, my boss actually told me that it didn't matter how I felt, I should't take time off because when her father died she just came in to work the next day)

The money is a side issue, I was wondering other people's experiences of being paid like this.
I will accept help from my mother in law and pay her back rather than working for it in some way.

allylouloux

Hedgehog99 wrote: »

They'll be your ex-colleagues soon so good riddance to them. Don't let their behaviour wear you down. Not worth it. Look forward to your new job.

As for money issues, can you just borrow from your MIL instead of her giving you the money? (assuming that doesn't leave her short)

I will be working out a payment plan to get it all back to her. Would just have preferred to spend my time helping her get her business on it's feet, than help my soon to be ex-colleagues who are treating me quite badly get a bonus!

Ah well...life goes on!