Last day of my notice period falling on a bank holiday.

Kevmanfred

Hi guys, so I'm currently working my notice period at work, I start my new place on Tuesday 9th May due to the Bank Holiday.
I have put my notice in with my current employer up until and including the 8th May which is a Bank Holiday Monday but my current employer is saying they will only pay me until the Friday before (5th May) even though I've stated my last date on my resignation letter is the 8th upto and including.
Is this legal? Any help appreciated.

General_Grant

How long had you worked for your current employer when you handed in your notice?
How much notice did you have to give and when did you hand in your notice?
When does the company holiday year start?
What was your annual entitlement to paid leave?
How much of that had you taken?

Kevmanfred

General_Grant said:

How long had you worked for your current employer when you handed in your notice?
How much notice did you have to give and when did you hand in your notice?
When does the company holiday year start?
What was your annual entitlement to paid leave?
How much of that had you taken?

7 years worked here, had to give 1 month, gave them 6 weeks due to new employer needing references.
Holiday years starts 1st January. Get 25 days plus 8 Bank Holidays.
Only taken 6 days by the time we get to 8th May.

Undervalued

Kevmanfred said:

General_Grant said:

How long had you worked for your current employer when you handed in your notice?
How much notice did you have to give and when did you hand in your notice?
When does the company holiday year start?
What was your annual entitlement to paid leave?
How much of that had you taken?

7 years worked here, had to give 1 month, gave them 6 weeks due to new employer needing references.
Holiday years starts 1st January. Get 25 days plus 8 Bank Holidays.
Only taken 6 days by the time we get to 8th May.

That is more than the statutory minimum (28 days in total) so the employer might have special terms regarding the additional five days per year.

It would also depend on the exact wording of your contract regarding the bank holidays.

TELLIT01

If the employee is only required to give 1 months notice but gives more, and the employer is only required to give 1 months notice, can the employer simply terminate employment at any point after the month has elapsed?  That would seem to be what may have  happened here, unless the OP had used up all their holiday entitlement.

Undervalued

TELLIT01 said:

If the employee is only required to give 1 months notice but gives more, and the employer is only required to give 1 months notice, can the employer simply terminate employment at any point after the month has elapsed?  That would seem to be what may have  happened here, unless the OP had used up all their holiday entitlement.

If the employee has less than two years service, the employer could certainly terminate the employment sooner by giving the contractual notice (assuming that is shorter than the notice the employee has given). If no contractual notice (on the employer's side) has been specified they would only have to give the statutory notice, which is one week with less than two years service.

However, the op has been employed for seven years so this is a moot point in this case.

Savvy_Sue

We would normally expect an employee's notice period to finish on a Friday, just as we normally start new employees on a Monday (barring a random bank holiday). That's assuming they don't work weekends. 

Undervalued

Savvy_Sue said:

We would normally expect an employee's notice period to finish on a Friday, just as we normally start new employees on a Monday (barring a random bank holiday). That's assuming they don't work weekends. 

You can't enforce that without an elaborately worded contract (and in practice not even then).

Providing the employee gives at least the correct amount of notice then, if it ends mid week, so be it.

ReadingTim

Your contract should say that you're required to give notice of your last working day, which (unless you're required to work them) weekends and bank holidays are not. I suggest therefore you read your contact very closely.  

In general though, I'm not sure why you expect your old employer to pay you for days you're not working for them, any more than you'd expect your new employer to start paying you the weekend beforehand either.  

TBagpuss

ReadingTim said:

Your contract should say that you're required to give notice of your last working day, which (unless you're required to work them) weekends and bank holidays are not. I suggest therefore you read your contact very closely.  

In general though, I'm not sure why you expect your old employer to pay you for days you're not working for them, any more than you'd expect your new employer to start paying you the weekend beforehand either.  

Not usually. A notice period normally rus to the last day of employment, there's no reason that can't be a non-working day. 

OP expects to be paid because their notice period includes the Monday, which happens to be a bank holiday. If they contract says that they get 8 bank holidays then the extra one isn't an entitlement, so the employer is probably able to either require them to work it, or require them to use a day of paid leave.

OP, I think if you get 25 days holiday starting 1st Jan then you will have accrued 8.65 days by the time you leave, so I would expect you to be entitled to a couple of days pay for the holiday you've accrued but haven't taken,  but they may in effect be requiring you to use a day for the bank holiday.