Notice pay

Sarah170681

Would appreciate answers ASAP as I'm handing my notice in TODAY! 
I've been here 5 months, contract states 1 weeks notice which I am giving today so my last day will be next Friday (5th Feb) ...
I've got a feeling my employer will tell me I don't have to work my notice (this has happened previous to someone else)

Because I haven't refused to work my notice or anything, are they legally obligated to still pay me?

Sandtree

In your letter of resignation you need to state your final date of employment (ie in 1 weeks time).

The problems tend to stem from where an offer of "not having to work your notice" comes and what this really means... there are unfortunately three possibilities:
1) Your employment ends that day and both sides have agreed to no notice
2) Your employment ends that day and the company have agreed to pay you in lieu of notice
3) Your employment ends in a weeks time and you are on garden leave until that time

If they come back to you and suggest anything other than you working until the end of your notice you need to be clear which of the three above they are suggesting and you need to agree to it if its the first one... ideally get it in writing and be sure that its clear.

If you wanted you could even add to your letter of resignation that you would consider an earlier end date with payment in lieu of notice from them which then at least sets the expectation. 

Sarah170681

What if they suggest the first one and I disagree with it? They can't just dismiss me can they? Because I haven't done anything wrong.

Can I say no to the first one?

Sarah170681

Sandtree said:

In your letter of resignation you need to state your final date of employment (ie in 1 weeks time).

The problems tend to stem from where an offer of "not having to work your notice" comes and what this really means... there are unfortunately three possibilities:
1) Your employment ends that day and both sides have agreed to no notice
2) Your employment ends that day and the company have agreed to pay you in lieu of notice
3) Your employment ends in a weeks time and you are on garden leave until that time

If they come back to you and suggest anything other than you working until the end of your notice you need to be clear which of the three above they are suggesting and you need to agree to it if its the first one... ideally get it in writing and be sure that its clear.

If you wanted you could even add to your letter of resignation that you would consider an earlier end date with payment in lieu of notice from them which then at least sets the expectation. 

What if they suggest the first one and I disagree with it? They can't just dismiss me can they? Because I haven't done anything wrong.

Can I say no to the first one?

Sandtree

Sarah170681 said:

What if they suggest the first one and I disagree with it? They can't just dismiss me can they? Because I haven't done anything wrong.

Can I say no to the first one?

If they can dismiss you or not depends on if you have been there more or less than two years. Less than two years then they can dismiss you but have to give you notice. Only way for them to dismiss without notice (or if you have been there more than two years) is a gross misconduct type event which clearly saying you wont waive your contractual notice period doesnt amount to. 

Yes you can say no to the first one, as someone who's battled scarred like me, if they suggested the first and I wasnt happy I'd say no but say that I'd be happy to accept payment in lieu of notice or to go on garden leave but appreciate some people feel more intimidated by their bosses etc.

Sarah170681

Sandtree said:

Sarah170681 said:

What if they suggest the first one and I disagree with it? They can't just dismiss me can they? Because I haven't done anything wrong.

Can I say no to the first one?

If they can dismiss you or not depends on if you have been there more or less than two years. Less than two years then they can dismiss you but have to give you notice. Only way for them to dismiss without notice (or if you have been there more than two years) is a gross misconduct type event which clearly saying you wont waive your contractual notice period doesnt amount to. 

Yes you can say no to the first one, as someone who's battled scarred like me, if they suggested the first and I wasnt happy I'd say no but say that I'd be happy to accept payment in lieu of notice or to go on garden leave but appreciate some people feel more intimidated by their bosses etc.

Right so basically, I'm going to hand my notice in this afternoon which clearly states today's date, 1 weeks notice, my last day will be 5th February 2021. 

Hopefully they will be absolutely fine with it, I've never handed my notice in before so I'm just thinking worst case scenario. My new job won't be paying me until 15th March so I'm just worrying about having to go 7 weeks with one wage 😂😑

So if they say to me "you don't need to work your notice" my answer needs to be "will I be paid in lieu of my notice" or "I don't agree to it, I'd rather work my notice" or "you can put me on garden leave" ? Sorry im really rubbish with work terminology 😂

Sandtree

Why resign now if your new job isnt until 15 March? In normal circumstances I'd assume you're going to go on holiday or something but clearly that wont be the case. You could chose to resign much closer to your start date.

If they literally said "you don't need to work your notice" I would simply ask for clarification on if they were suggesting that we agree to waiving the notice or if they mean they'll be paying in lieu of notice.  If they say the former then I'd decline their suggestion and offer up the options of the other two "not working" or that I simply work it. If they say its cash in lieu then happy days.

Garden leave is the only work terminology, it means you remain an employee and they can ask you to come in up until your end date but otherwise they wont be expecting you to come in. It mainly used for people with either sales or inside information type roles so they can stop you working for a competitor (because you're still their employee) and degrade whatever secrete knowledge you have... more useful when dealing with people with 3 month notice periods etc. Think of someone working for Apple on the next iPhone, they dont want them going to work for Samsung and giving them details of all the new features they've been working on... after 3 months the new models out or the patents filed so its all public knowledge anyway.

For every horror story you read online there are 100 people who's resignation is dealt with reasonably and fairly 

Sarah170681

Sandtree said:

Why resign now if your new job isnt until 15 March? In normal circumstances I'd assume you're going to go on holiday or something but clearly that wont be the case. You could chose to resign much closer to your start date.

If they literally said "you don't need to work your notice" I would simply ask for clarification on if they were suggesting that we agree to waiving the notice or if they mean they'll be paying in lieu of notice.  If they say the former then I'd decline their suggestion and offer up the options of the other two "not working" or that I simply work it. If they say its cash in lieu then happy days.

Garden leave is the only work terminology, it means you remain an employee and they can ask you to come in up until your end date but otherwise they wont be expecting you to come in. It mainly used for people with either sales or inside information type roles so they can stop you working for a competitor (because you're still their employee) and degrade whatever secrete knowledge you have... more useful when dealing with people with 3 month notice periods etc. Think of someone working for Apple on the next iPhone, they dont want them going to work for Samsung and giving them details of all the new features they've been working on... after 3 months the new models out or the patents filed so its all public knowledge anyway.

For every horror story you read online there are 100 people who's resignation is dealt with reasonably and fairly 

Sorry I didn't explain properly, I start my new job on the 8th February. They get paid on the 15th every month. With me starting close to their pay date, I've missed the cut off period, therefore my first wage will be in March. 

Right I think I'm clued up now 😂 Thankyou for you're help, much appreciated!

74jax

You'll be fine, honestly, deep breathe and then it's all over and done with.
Like Sandtree said, most are straightforward.  I handed mine in last year and had a 3 month notice period, I had a lot more in my resignation than you need - purely as I wanted them to confirm my understanding of working the following 3 months.  
Just think by 6pm tonight it will be handed in and you can focus on your new job.

Savvy_Sue

Sarah170681 said:

Sorry I didn't explain properly, I start my new job on the 8th February. They get paid on the 15th every month. With me starting close to their pay date, I've missed the cut off period, therefore my first wage will be in March. 

You could ask if they will give you an advance. They may say no, but you lose nothing by asking. 

Sarah170681

Thanks all, I did it and it was fine 😊 working my weeks notice next week. I worried for nothing!