chris's scooby

I handed in my notice today!

I'm waiting to hear how long i'll have to stay. Either go straight away or work my 4 weeks.

Does anyone know if they terminate my notice period early, will i still get my wages for the month if i start my new job during that time?

Simon C

You should do Chris, if they terminate it, it commonly called "Gardening leave". I handed in my notice earlier this month and took unused holiday to get out of the contract sooner and started working for the new company whilst I still techincally worked for the previous employer.

16vmarc

What do you do?

chris's scooby

<whispers> sell houses...

chris's scooby

Cheers. That's the answer i was hoping for.

Nick100

Yes definitely. If your contract says 4 weeks notice and they ask you to leave before that time, they have to pay you for the four weeks.

chris's scooby

Do they have to give me the money at the end of the 4 weeks or on my last day of going in?

Simon C

usually its in your last pay cheque.

chris's scooby

lets hope they pay up ok...

chris's scooby

Well i've just had a note shoved through my door from the boss telling me he doesn't require me to work my notice period.

I'm typing one out now asking for my pay cheque for January along with my car allowance and Novembers and Decembers mileage money, which i'm still owed!

Jon H

On a similar theme,
I've just resigned, but as the MD is away from 20th december till 7th jan I resigned by email on 26th dec (as he picks these up at home) with a confirmation letter waiting on his desk for when he returns. He's read the email and said its illegal to resign by email! He wants me to start working notice from when he reads the letter which'll be 7th Jan - I need to have left by mid Jan...

Illegal! True or bollox?!?

Help!
Jon

Simon C

I should think its a load of Bull mate. I resigned by email albeit the resignation letter was an attachment. CAB should be a ble to clarify that statnd point. maybe we have a legal boffin on here who can clarify.

AJF

iTrader: (1)

law says that you only have to give notice based on how your wage is worked out

ie if you have an hourly rate you only have to give an hours notice
if you have a daily rate you have to give a days notice and so on

4 weeks notice is just a good will jesture

Adrian

DocJock

JonH

He knows you have resigned.
He knows he has it in writing (albeit not in his hand)

Tell him to fukk off

Scoobybert

JonH check your employment contract or "written particulars of employment" regarding giving notice. You should have received a copy of the written particulars of employment within eight weeks of starting employment or the employer is in breach of statutory law (S1 1996 Employment Rights Act). Most would say that notice of termination of employment has to be given in writing and I would suggest that an email should suffice but you would need to be able to demonstrate that your manager has been able to access and read the email. An emailed response from him is a start but double check this with acas www.acas.org.uk they will not offer advice other than on the letter of the law but are a useful resource.


AJF's point does not apply in the UK. I am paid an annual salary thus using this logic would have to give notice of one year?

Section 1 of the Act above also states that notice periods need to be recorded on the written particulars of employment. This notice period is contractual and employees or employers can be sued if there has been a contractual breach. There is a statutory minimum notice from employers of one weeks notice for each complete year of service up to a max of 12 weeks but if the contractual notice period is greater then the contractual period shall apply in the majority of cases.

Not a legal eagle but I hope this helps

robby

i gave 1 weeks notice the week before xmas (1 week is all i had to give), my last day therefore was xmas eve. We recieved our dec wages on xmas eve (paid monthly) and i noted mine was 1 weeks basic short.
I asked my manager if this is because they wouldn't know what bonus/ overtime i'd have earned for the friday and would i get the weeks wage the next week (this week), he said he'd look into it and give me a ring which he hasn't?

chris's scooby

Just go back and try to get the sack before the middle of January!

Nick100

Jon
It is not your fault, if the MD is off. If you've left your hard copy letter, I would remind him of this. Is there anyone else who would open the letter, like his PA, your line manager or another director, who would be able to confirm the receipt date or evfen act on it before Jan 7th ?

chris's scooby

Well i've spoken to my boss who's given me his word he'll pay all of the above to me. And he still doesn't want me to work my notice. All i've had to do is agree to drop the office keys back to him after the weekend.

Rex93

chris,
glad your old boss seems to be happy to resolve the money situation, you could probably take a fair bit of trade with you in a month so from the bosses point of view easier to let you go.

All the best for the new position.

chris's scooby

Thanks Ron. I don't think he was very happy about it. Or me still having a set of keys for the office!

As you say it could work out cheaper for him to let me move on rather than risk leaving me there for a month where i could be poaching business. Not that i would of course.

rr_ww

I always think the "Gardening Leave" is them (employers) showing that even in the end game. They're the ones with the power

Invariably they'll struggle for a few weeks whilst they try and find a replacement. But they'll still think it was worth it.

Simon C

I've only ever been put on it once. Thats cos I was the DB admin and could have revalued all the stock in seconds, I wouldn't have done it, but they couldn't take the risk.

rr_ww

Precisely. They were quite happy to employ you before, so why dont they trust you now? I wonder how many people go on destructive missions in the time between handing in their notice and actually leaving?

Surely youd like a decent reference from them so wont be too shabby.