constructive dismissal - any notice pay due

Heinz57Pedigree

I recently resigned with immediate effect due to what I believe is constructive dismissal.  
I was ok with walking away and don't want to pursue a constructive dismissal claim, it was only 2 hours a week at minimum wage and not worth the hassle frankly.
However, my ex-employer has recently stated they will give me 1 months notice pay but I have worked there for more than 12 years.  I believe that entitles me to 12 weeks notice pay but does that still apply if I have left without notice?  Also, I have never taken any holiday - am I entitled to payment for holiday not taken?

Savvy_Sue

If they'd given you notice, you'd have been entitled to 12 weeks, yes. But they didn't, you left without giving notice, so their offer exceeds expectations.

And if you never took any paid leave, the time to query it was while you were working. Employers are not supposed to pay you in lieu of taking the statutory minimum.

Of course you can ask for more, but I wouldn't hold your breath ...

[Deleted User]

You're talking about constructive dismissal, unpaid holiday entitlement, entitlement to three months notice pay, all for a job that was two hours a week?

You resigned with immediate effect, you walked out, leaving your employer to deal with the consequences.
Nonetheless, they still offered you more than they need to, they've been very generous.

Take the almost £100 offered and move on...

tizerbelle

You gave up any rights to notice pay when you walked off the job giving no notice. 

You are entitled to pay for the hours you have worked and accrued unused holiday pay, pro-rated for the current holiday year to the date you quit.   You are not entitled to holiday pay for any earlier years - holidays are use it or lose it.

Based on a 28 day / 5.6 weeks allowance that means a full year allowance would only be £128. Pro-rated for the period of holiday year employed, you'll get less than that.  If your holiday year began Jan and you left in May - say 5 months, you'd get no more than about £50.

But if you were on my payroll and pushed me for holiday pay after I'd offered you a months notice (that I didn't need to give you) you can be damn sure the notice pay would be taken off the table

prowla

What was your contracted notice period?

If you resigned with immediate effect then you broke any notice requirements and so shouldn't receive any notice pay.

Holiday entitlement would be pro-rata for the time worked, but if you've taken more days than you've accrued then they would be deducted from your pay.

Undervalued

In the unlikely event that the OP pursued and won a constructive dismissal case then he would be entitled to 12 weeks notice pay plus any compensation that may be awarded. That is bacause a tribunal would have judged him to have been (constructively) unfairly dismissed.

However constructive dismissal is a very difficult claim to win with only about 3% that get as far as a tribunal being successful.

Either way he is theoretically entitled to any accrued but untaken holiday but (as has been pointed out) is leaving himself open to being sued for any losses caused by his failure to give the contracted notice. In effect " you sue us and we will sue you).

Frankly? Move on!