Dismissed during notice period

Anne9909

Hello 
I am looking for some advice, if anyone could kindly advise. 

I handed my notice in to my employer on 28th February. My contractual notice period is 1 month and I stated my last working day would be 31st March. 

On 16th March I had to start self isolating due to my partner contracting symptoms of  the virus. I followed the guidance of 111 NHS. I asked to work from home on 3 separate occasions of 16th,17th,18th March stating I could use my work mobile and my personal computer to work. Each day my employer said no, which no information as to why, I know other colleagues are working from home. 

Yesterday I received an email to say due to the government I will be paid statutory pay and will be paid for only the days I have worked for this month not to return to work due to leaving anyway and they have locked my out of my work emails and work software. They have asked me to send my work phone in ASAP via post. 

My questions are;
-Would this be classed as wrongful dismissal ? As after the 14 days of isolation I would of still returned back to working on 30th and 31st March? I feel I have been denied working my full notice period. 

 - As I handed in my notice and now they have basically dismissed me during my notice period. Would they have to pay me my notice period from yesterday of a statutory week or contractual notice of 1 month ? 

Any help would be greatly appreciated 

General_Grant

First question:  Were notice periods equal?  That is, did they have to give you a month's notice too?

tasticz

i am sad to hear what your current employer has done...

if they want to play hard ball, you should play hard ball too. tell them to come and collect their items or send a courier to collect the goods as you are self-isolating and cannot leave house for some time. basically if they are going to screw you, take your time.

Undervalued

Anne9909 said:

My questions are;
-Would this be classed as wrongful dismissal ? As after the 14 days of isolation I would of still returned back to working on 30th and 31st March? I feel I have been denied working my full notice period. 

 - As I handed in my notice and now they have basically dismissed me during my notice period. Would they have to pay me my notice period from yesterday of a statutory week or contractual notice of 1 month ? 

Any help would be greatly appreciated 

How long have you worked there?

If it is less than two years and if the notice periods are not equal then they can lawfully dismiss you just by giving you a week's statutory notice. Arguably you may be entitled to full pay for that week (or rather the 80% pay the government announced yesterday) if self isolating, plus you are entitled to be paid for any unused holiday.

Given that you had resigned in any case, there is a bit of time to research and argue with them about the final pay packet.

General_Grant

Undervalued said:

Anne9909 said:

My questions are;
-Would this be classed as wrongful dismissal ? As after the 14 days of isolation I would of still returned back to working on 30th and 31st March? I feel I have been denied working my full notice period. 

 - As I handed in my notice and now they have basically dismissed me during my notice period. Would they have to pay me my notice period from yesterday of a statutory week or contractual notice of 1 month ? 

Any help would be greatly appreciated 

How long have you worked there?

If it is less than two years and if the notice periods are not equal then they can lawfully dismiss you just by giving you a week's statutory notice. Arguably you may be entitled to full pay for that week (or rather the 80% pay the government announced yesterday) if self isolating, plus you are entitled to be paid for any unused holiday.

Given that you had resigned in any case, there is a bit of time to research and argue with them about the final pay packet.

I think it would have to be 100% - the 80% is for staff being retained.

Anne9909

General_Grant said:

First question:  Were notice periods equal?  That is, did they have to give you a month's notice too?

Hi Grant,

thanks for your comment. My contract states a months notice, as I have been there for 6 months.. They basically sent me an email that said 'stay at home for 14 days, this means stay at home all next week. saying this no point in you coming back as you are leaving at the end of the month anyway.'.....  'we will pay you for the days you worked from your first day of absence we will pay you statutory pay'
They have not mentioned anything about paying any notice. My contract states the company may exclude these notice provisions in the event of dismissal for gross misconduct (this has not happened)

The company reserves the right to make a payment in lieu of notice for all or any part of your notice period upon the termination of you employment, regardless of whether notice to terminate the contract is given by you or the company.

Masomnia

Interesting one. I'd say you've resigned giving more notice than you needed to, as if you resigned on the 28th Feb giving a month's notice your last working day should be 28th March. I think it's arguable that you should be paid for/allowed to work those two days; interested in others' views though. SSP during your period of isolation is correct.

Anne9909

Undervalued said:

Anne9909 said:

My questions are;
-Would this be classed as wrongful dismissal ? As after the 14 days of isolation I would of still returned back to working on 30th and 31st March? I feel I have been denied working my full notice period. 

 - As I handed in my notice and now they have basically dismissed me during my notice period. Would they have to pay me my notice period from yesterday of a statutory week or contractual notice of 1 month ? 

Any help would be greatly appreciated 

How long have you worked there?

If it is less than two years and if the notice periods are not equal then they can lawfully dismiss you just by giving you a week's statutory notice. Arguably you may be entitled to full pay for that week (or rather the 80% pay the government announced yesterday) if self isolating, plus you are entitled to be paid for any unused holiday.

Given that you had resigned in any case, there is a bit of time to research and argue with them about the final pay packet.

Hi Undervalued

thanks for your comment

I have worked there for 6 months. 

can you expand on the notice periods being unequal? My contract says that anyone that has 5 years or less service must give one months notice. I am trying to work out that if I had been dismissed yesterday, would I be entitled to a full months pay from yesterday or a weeks pay from yesterday. What happens to my notice already given.....

Masomnia

General_Grant said:

Undervalued said:

Anne9909 said:

My questions are;
-Would this be classed as wrongful dismissal ? As after the 14 days of isolation I would of still returned back to working on 30th and 31st March? I feel I have been denied working my full notice period. 

 - As I handed in my notice and now they have basically dismissed me during my notice period. Would they have to pay me my notice period from yesterday of a statutory week or contractual notice of 1 month ? 

Any help would be greatly appreciated 

How long have you worked there?

If it is less than two years and if the notice periods are not equal then they can lawfully dismiss you just by giving you a week's statutory notice. Arguably you may be entitled to full pay for that week (or rather the 80% pay the government announced yesterday) if self isolating, plus you are entitled to be paid for any unused holiday.

Given that you had resigned in any case, there is a bit of time to research and argue with them about the final pay packet.

I think it would have to be 100% - the 80% is for staff being retained.

This is still all a bit new but my understanding is that a cut to 80% pay will still need to be agreed by staff in the absence of a contractual provision allowing it, otherwise there will be an unlawful deduction.

Anne9909

Masomnia said:

Interesting one. I'd say you've resigned giving more notice than you needed to, as if you resigned on the 28th Feb giving a month's notice your last working day should be 28th March. I think it's arguable that you should be paid for/allowed to work those two days; interested in others' views though. SSP during your period of isolation is correct.

Hi Masomnia,

Thanks for your comment. 

As we get paid on the last day of every month, this is the date I stated in my letter and they agreed.

In regards to the SSP, there has also been recommendations from the government for employers to be flexible where possible with employees to work from home, in this case my fellow colleagues have been and still are, but I was not given this opportunity. 

General_Grant

Anne9909 said:

Undervalued said:

Anne9909 said:

My questions are;
-Would this be classed as wrongful dismissal ? As after the 14 days of isolation I would of still returned back to working on 30th and 31st March? I feel I have been denied working my full notice period. 

 - As I handed in my notice and now they have basically dismissed me during my notice period. Would they have to pay me my notice period from yesterday of a statutory week or contractual notice of 1 month ? 

Any help would be greatly appreciated 

How long have you worked there?

If it is less than two years and if the notice periods are not equal then they can lawfully dismiss you just by giving you a week's statutory notice. Arguably you may be entitled to full pay for that week (or rather the 80% pay the government announced yesterday) if self isolating, plus you are entitled to be paid for any unused holiday.

Given that you had resigned in any case, there is a bit of time to research and argue with them about the final pay packet.

Hi Undervalued

thanks for your comment

I have worked there for 6 months. 

can you expand on the notice periods being unequal? My contract says that anyone that has 5 years or less service must give one months notice. I am trying to work out that if I had been dismissed yesterday, would I be entitled to a full months pay from yesterday or a weeks pay from yesterday. What happens to my notice already given.....

Not really relevant to your situation but if someone has completed 5 years service, they are entitled to 5 weeks notice, not one month.
However it would be difficult to argue that they have dismissed you - because they are looking to your letter of resignation - but that was giving your contractual notice of one month - the month of March, not four weeks.  So I think the minimum they need to pay you from 16 March is (a) SSP for the full two weeks with no deduction for waiting days plus (b) 30 and 31 March at full pay.

I hope you resigned because you have a good job lined up for April.