Underpaid??

martin0200

Hi everyone. I'll try to put in as much detail as possible.

I've worked for my employer since Feb 2012 and gave four weeks notice to leave on the 29th of August, which is the minimum I was led to believe was needed as it was over five years service. Looking at a calendar, I worked out that my last day should have been the 25th but my employer has told me that his accountant has changed that to the 22nd, so to my mind I've been done out of two days pay (the 24th being a Sunday). Before I phone said accountant and make myself look stupid, I was wondering if anyone here can put me straight. I've never had a written contract of employment but a verbal contract to work 6 days a week if that makes any difference.
Looking at it a slightly different way, I worked six days a week so four weeks notice should equal 24 days but I've only been paid for nineteen days. My pay day has always been the 27th of the month. My brain is currently frying so any help would be greatly appreciated.

Savvy_Sue

On what date did you give notice? If you actually gave more notice than you absolutely needed to then yes, I believe the employer can reduce it.

anamenottaken

martin0200 wrote: »

Hi everyone. I'll try to put in as much detail as possible.

I've worked for my employer since Feb 2012 and gave four weeks notice to leave on the 29th of August, which is the minimum I was led to believe was needed as it was over five years service. Looking at a calendar, I worked out that my last day should have been the 25th but my employer has told me that his accountant has changed that to the 22nd, so to my mind I've been done out of two days pay (the 24th being a Sunday). Before I phone said accountant and make myself look stupid, I was wondering if anyone here can put me straight. I've never had a written contract of employment but a verbal contract to work 6 days a week if that makes any difference.
Looking at it a slightly different way, I worked six days a week so four weeks notice should equal 24 days but I've only been paid for nineteen days. My pay day has always been the 27th of the month. My brain is currently frying so any help would be greatly appreciated.

You were entitled to a written statement of your written terms of employment which would include notice periods. In the absence of this written information you would have needed to give the statutory amount - one week's notice. Statutory notice due from the employee never increases beyond one week. The notice which your employer would have had to give you would have been 5 weeks.

Weeks are calendar weeks of 7 continuous days.

Though you gave notice on 29 August (notice period starting on 30 August), did you specify in your letter the actual termination date of 25 September or simply say it was four weeks? My calendar suggests 4 weeks would have meant a termination date of 27 September.

martin0200

I'm afraid I was a bit naive and stated that I was giving four weeks notice and that I thought last working day should have been the 25th as I took it that the notice period started on the 29th but he said that his accountant said that was incorrect and that it was the 22nd

anamenottaken

martin0200 wrote: »

I'm afraid I was a bit naive and stated that I was giving four weeks notice and that I thought last working day should have been the 25th as I took it that the notice period started on the 29th but he said that his accountant said that was incorrect and that it was the 22nd

So the accountant can't count four weeks from 30 August.

You originally said you work 6 days a week. Is it always the same six days? If it is, which day don't you work?

martin0200

I worked Monday to Saturday and had Sunday off

martin0200

I handed my notice in on the 29th but you say it's effective from the 30th. As I worked the 30th is that counted as my first day of 'notice pay'? If it is effective from the 30th, then as you say, the last day of my 4 week notice period would be the 27th.
I took the 8th, 9th and 11th off as holiday but I have had to pay back 5 days holiday pay so these should be counted as paid days, yes?
They will argue that the 30th was already paid for in my August pay so I'll assume I can count the 'paid days' I'm owed from 1st Sept? Not counting Sundays, I make that 23 days I should be paid for and not 19. Am I correct in these assumptions?

jobbingmusician

martin0200 wrote: »

I handed my notice in on the 29th but you say it's effective from the 30th. As I worked the 30th is that counted as my first day of 'notice pay'? If it is effective from the 30th, then as you say, the last day of my 4 week notice period would be the 27th.

Agreed.

martin0200 wrote: »

I took the 8th, 9th and 11th off as holiday but I have had to pay back 5 days holiday pay so these should be counted as paid days, yes?
They will argue that the 30th was already paid for in my August pay so I'll assume I can count the 'paid days' I'm owed from 1st Sept? Not counting Sundays, I make that 23 days I should be paid for and not 19. Am I correct in these assumptions?

How on earth do you expect us to know? You say you have had to pay back 5 days' holiday pay, but we have no records of what holiday you have taken during the holiday year. Your employer, presumably, does. From our POV, you could have another 3 days' holiday pay to pay back.

If you tell us what the holiday year is, and how much holiday you have taken (including BH) since the beginning of the holiday year, we can work out how much you are owed. But presumably you could do this too.....

stuartJo1989

I'd ask for a breakdown. USUALLY, but not always, an accountant is on the ball with these sort of things.

martin0200

jobbingmusician wrote: »

Agreed.



How on earth do you expect us to know? You say you have had to pay back 5 days' holiday pay, but we have no records of what holiday you have taken during the holiday year. Your employer, presumably, does. From our POV, you could have another 3 days' holiday pay to pay back.

If you tell us what the holiday year is, and how much holiday you have taken (including BH) since the beginning of the holiday year, we can work out how much you are owed. But presumably you could do this too.....

Thank you all kindly for your replies and help but I have contacted ACAS who gave me the info I needed.
jobbingmusician. My holiday year ran from Jan 1st to Dec 31st but ACAS pointed out that as I never had a written contract of employment with a 'holiday claw back' clause in it, my employer wasn't actually entitled to withhold that 5 days pay anyway.
With regard to the notice issue, my notice was effective from 30th August making my last day 27th as pointed out by ANAMENOTTAKEN. Although I was asked to leave on the 22nd, ACAS said, by law, I was entitled to full pay until the end of my notice period.

Thanks again for all your help.

jobbingmusician

Glad it all worked out well for you