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Notice period advice
popguy
Posts: 3 Newbie
Hi,
I've recently been hit with a substantial pay cut, and am looking to leave the company.
In my contract it says:
Your employment may be terminated as follows:-
(a) By the employer...
(b) By you giving the Employer a minimum of 2 month’s notice.
But then in the "Gardening leave" section says:
Should you leave the Employer without notice or during the
relevant notice period without the permission of the Employer,
the Employer reserves the right to deduct a day’s pay for each
day not worked during the notice period. You consent to and
acknowledge that such deductions may be made.
Am I misreading this, or is this saying that if I don't work my notice period they won't pay me for it?
If this is the case, is it ok to do, or can they do me for breach of contract?
I've recently been hit with a substantial pay cut, and am looking to leave the company.
In my contract it says:
Your employment may be terminated as follows:-
(a) By the employer...
(b) By you giving the Employer a minimum of 2 month’s notice.
But then in the "Gardening leave" section says:
Should you leave the Employer without notice or during the
relevant notice period without the permission of the Employer,
the Employer reserves the right to deduct a day’s pay for each
day not worked during the notice period. You consent to and
acknowledge that such deductions may be made.
Am I misreading this, or is this saying that if I don't work my notice period they won't pay me for it?
If this is the case, is it ok to do, or can they do me for breach of contract?
0
Comments
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Hi,
I've recently been hit with a substantial pay cut, and am looking to leave the company.
In my contract it says:
Your employment may be terminated as follows:-
(a) By the employer...
(b) By you giving the Employer a minimum of 2 month’s notice.
But then in the "Gardening leave" section says:
Should you leave the Employer without notice or during the
relevant notice period without the permission of the Employer,
the Employer reserves the right to deduct a day’s pay for each
day not worked during the notice period. You consent to and
acknowledge that such deductions may be made.
Am I misreading this, or is this saying that if I don't work my notice period they won't pay me for it?
If this is the case, is it ok to do, or can they do me for breach of contract?
It is never "OK" to not work your notice period, and yes, if they have grounds they can sue you for breach of contract as well as not paying you. Would it be ok for the employer to tell you sling your hook and not bother giving/ paying you notice? No? Well it isn't any different.0 -
Except that this extract comes from a part of the contract headed 'Gardening Leave'. So there are obviously SOME situations in which gardening leave is granted.
Conversely, if the employer has breached your contract by reducing your salary, why aren't you pursuing this through tribunal?Ex board guide. Signature now changed (if you know, you know).0 -
Basically if you're going to not serve your full notice then you want to have your last day as pay day so they can't deduct anything off you.
Would leave you with a bad reference and lead you open to legal action (which is unlikely to happen)0 -
gardening leave does not mean your employment is terminated and can go work somewhere else. It means You remain in your employment and must be available for immediate recall until the last minute.jobbingmusician wrote: »Except that this extract comes from a part of the contract headed 'Gardening Leave'. So there are obviously SOME situations in which gardening leave is granted.
Conversely, if the employer has breached your contract by reducing your salary, why aren't you pursuing this through tribunal?0 -
You are assuming all employers are stupid and don't have any leeway in pay periods. Many do, for exactly these reasons. And "unlikely to happen" is famous last words. It happens. Maybe most people get away with it. That is no reason to assume the OP will. The other fun activity for employers to indulge in is threatening to sue the new employer for enticing their employee to breach of contract. It usually results in the new employer not being willing to take the risk. Plenty more fish in the sea - sack the threat!Basically if you're going to not serve your full notice then you want to have your last day as pay day so they can't deduct anything off you.
Would leave you with a bad reference and lead you open to legal action (which is unlikely to happen)
Eight weeks is not unreasonable, and passes quickly. There may be leave to reduce it. The employer may even be willing to negotiate shorter notice. But there always a risk. Even years later. Maybe the OP may one day want to go back or need the employer. You don't burn bridges over a few weeks.0 -
Has my employer breached the contract?
My salary was reduced a month after being demoted from a position managing staff and projects.
They feel it was fair as I wasn't performing in that role. I feel it was unfair as I wasn't given the support and the information necessary to do my job, despite bringing it to their attention a number of times. For instance, I didn't know about projects until they'd started, and wasn't introduced to clients as their point of contact, so never knew what work needed to be done.
Can an employer just change your job? Can they just reduce your pay?0 -
You are assuming all employers are stupid and don't have any leeway in pay periods. Many do, for exactly these reasons. And "unlikely to happen" is famous last words. It happens. Maybe most people get away with it. That is no reason to assume the OP will. The other fun activity for employers to indulge in is threatening to sue the new employer for enticing their employee to breach of contract. It usually results in the new employer not being willing to take the risk. Plenty more fish in the sea - sack the threat!
Eight weeks is not unreasonable, and passes quickly. There may be leave to reduce it. The employer may even be willing to negotiate shorter notice. But there always a risk. Even years later. Maybe the OP may one day want to go back or need the employer. You don't burn bridges over a few weeks.
Employers aren't stupid but if you get paid monthly as a salary then at the end of the month you are straight. It is just the way it is.
Pretty much every company will not take legal action if you only serve 4 weeks notice as opposed to the contracted notice period. It isn't worth the hassle and in the OP's case it seems like they are happy for them to leave.0 -
My recent experience has been if there is any unused holiday monies due or week/month in hand that is what shall be used and absolutely at risk.
In 2014 I experienced an employer who wouldn't let me leave easy, still losing holiday pay back then for a week of the month unworked - 2017 vastly very different when the employer decided to restrict my being able to carry out the duties, so I reckon a lot could be solved by speaking to them first as when I went to hand in notice, the first question I got was how much notice are you giving us when it was them who produced a contract!. Couldn't make it up! In my case I managed to get as much of events down in writing and have considered going to head office as much use as they'll be. I was fortunate in that I dare say they needed people gone or by not paying surplus people during quiet time, so that's why I vote negotiation or speaking with them. Times may have changed since the contract and terms were drawn up.
In my case there would have been bad blood, bad feeling anyway either way, I needed to advise of notice as I couldn't afford to get to the last day of contract and hey ho they decide I was to stay for a few more days - both situations wouldn't produce a reference out of spite. It's my only consolation now.0 -
How have you worked out that the employer will be happy for them to leave? Did you ask them? And could you please quote your evidence that " pretty much every company will not take legal action" - and how you know that the OPs employer is amongst them? I've known cleaners to be successfully sued. You may be right. But you have not a shred of evidence to say you are. So the OP can risk it. But they risk it knowing that you won't be paying them if you are wrong. Or will you?Employers aren't stupid but if you get paid monthly as a salary then at the end of the month you are straight. It is just the way it is.
Pretty much every company will not take legal action if you only serve 4 weeks notice as opposed to the contracted notice period. It isn't worth the hassle and in the OP's case it seems like they are happy for them to leave.0 -
Has my employer breached the contract?
My salary was reduced a month after being demoted from a position managing staff and projects.
They feel it was fair as I wasn't performing in that role. I feel it was unfair as I wasn't given the support and the information necessary to do my job, despite bringing it to their attention a number of times. For instance, I didn't know about projects until they'd started, and wasn't introduced to clients as their point of contact, so never knew what work needed to be done.
Can an employer just change your job? Can they just reduce your pay?
No idea, to the first question, hence the 'if' in my sentence. I still can't tell from your description of what has happened (and don't have the expertise to judge, necessarily). Certainly I am aware that there are contracts - and agreements with employees - which allow for demotion at a lower rate of pay as an alternative to dismissal, for example. And if you agreed to the demotion (how long ago?) I would VERY much doubt that it would be judged illegal. (Note that there's an 'if' in this sentence too
) Ex board guide. Signature now changed (if you know, you know).0
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