Employer refusing to pay notice

Masomnia

The employer has made their intentions pretty clear, not sure what else OP can say.

Of course RBS Mentor are acting for the employer, but if they're any good they should be telling their client when they're in the wrong.

ScorpiondeRooftrouser

Lily78987 wrote: »

I handed in my two week notice to my employer around two weeks ago now. I confirmed this via email and she came back to me confirming that she didn't want me to work my notice period.

What do you mean, confirming? Did you ask not to work your notice period, and then expect it to be paid?

Masomnia

Hm I thought you were a previous poster who had come back with an update! It's a very similar scenario.

Must be getting tired.

I stick by what I said, with the proviso that you offered to do the work and your employer said that she did not want you to. If they asked you to work it and you refused then RBS are quite correct. If it was a case of 'Do you want me to work the notice?' and they said 'No' then it may be trickier. Based on your contract I still think it would be fair to assume that they were giving you PILON. But without knowing all the facts and reading the emails it's very difficult to say.

steampowered

During your notice period - including while on gardening leave - you are required to be available for work.

While the employer is paying you, the employer gets decide whether you spend working hours at home or at work.

If you take a new job during your notice period, you are not available for work - so you shouldn't expect to be getting paid twice.

Was there a gap between handing in your notice and starting at your new job? If so, you should be paid for that gap - since you were available for work during that time.

ScorpiondeRooftrouser

steampowered wrote: »

During your notice period - including while on gardening leave - you are required to be available for work.

While the employer is paying you, the employer gets decide whether you spend working hours at home or at work.

If you take a new job during your notice period, you are not available for work - so you shouldn't expect to be getting paid twice.

Was there a gap between handing in your notice and starting at your new job? If so, you should be paid for that gap - since you were available for work during that time.

Not if they asked not to work their notice and the employer agreed, they shouldn't.

breakinthesun

It might be worth posting the wording of the email exchange as this seems like it will be the crucial issue here.

ScorpiondeRooftrouser

You said "if you do not want me to work my notice period please let me know"

She said she didn't want you to work. I, personally, would have assumed that this meant you were leaving early by agreement and would not want paying.

You said you would want to be paid.

The very next day she told you that if you wanted to be paid for it you could work it.

You announced you were starting the new job and couldn't work it.

I wouldn't have thought you have any right to be paid except maybe for that one day.

I don't think you are being bullied or scammed. At all.

getmore4less

..........
I feel that my two weeks notice is fair, with my last day being on 11th May 2017. With that being said, if you do not want me to work my notice period then please let me know.........

that could well be interpreted as an offer to not work your notice...
they accepted

no pay.
.................
on general point for others reading......

unless you are happy to leave early without notice pay never put any indication in a notice letter that you may be flexible, always let the employer make the first move.

Lily78987

Thanks for your reply.

I had said, 'if you don't want me to work my notice period then please let me know' as she had told me to leave the shop earlier that day and had implied she didn't want me to return but I understand this can be taken out of context.

ScorpiondeRooftrouser

If there was such a misunderstanding, that would be grounds for you claiming one day worth of pay.

As the next day the misunderstanding was clarified - even if it was their mistake - you had to work if you wanted to be paid. You can't say "Oh, I can't work now, but pay me anyway". What business is that of theirs?

Would you think you could have said "Oh, I can't work now, I have gone on holiday" they would have to pay you? The fact you had started another job is none of their concern. You could have left that job and gone back. You didn't want to, and it would have been foolish to, but it was your decision.