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deckermbnahater

Disciplinary, Resignation and Pay

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Hi All

 

Will attempt to keep it short, but employed by company for just under two years. A few weeks ago one friday I received a letter by email inviting me to a disciplinary hearing with only 48 hours notice. the allegations were a joke that I could of mostly rip apart with no problem. Anyway my manager was hopeless and he sent me the letter having not spoken to me for weeks previously. I did something silly and asked for statements regarding the allegations one of which was sent by the Personnel Manager and was very unpleasant. I showed the letter and statement to a friend and he said that I would not be working their again and he just wanted to get rid of me.

 

Anyway I was unwell over the weekend and went to the doctor who diagnosed Work Related Stress/Depression and he advised that I should find another job as it was not a very good company to work for. He signed me off for a period of 6 weeks in total.

 

The personnel manager after 3 weeks off sent me a letter demanding access to my medical records and continued to write demanding a decision on access to my medical records in seven days else they would have to make decisions in my abscence.

 

 

During that time I found out that they advertised my job under a different job title via a recruitment agency on a temp 2 month period. With the poor manager, statements and advertisement of my job I decided to resign with immediate effect and not return.

 

 

Once my sick note ran out I wrote stating that I resign and would not return, because they advertised my job and would not be welcome back given the statement written by one person.

 

I then received a phone call from the personel manager stating that I was required to work my notice period, stating no post was advertised and letter stating that I was suspended with no pay. Remember this is after my letter of resignation and stating to the personnel manager that I would not return.

 

 

The personnel manager stated that the serious misconduct alleged is not the same as gross misconduct and would not lead to summary dismissal. I even started to think that they did not want to lose me. But my thinking process was they started it once what was to stop them trying it again in a few months so get out as advised by doctor.

 

 

Could anybody confirm that their is no way they can withhold my outstanding holiday entitlement payment and somebody believes that I am still entitled to 4 weeks notice period payment even though I did not work it.

 

Any ideas on holiday and pay and any ideas what they are trying to achieve except make things difficult and prove they are not a professional organization.

 

Thoughts appreciated?

Edited by deckermbnahater

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Do you havea written statement of particulars of employment? (a contract?)

If so, what does it say about notice periods, deductions if you fail to work your notice period etc?

 

You said, "somebody believes that I am still entitled to 4 weeks notice period payment even though I did not work it".

Certainly nothing in Statute about that, and I'd be enormously suprised if that was in your contract.

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Do you havea written statement of particulars of employment? (a contract?)

If so, what does it say about notice periods, deductions if you fail to work your notice period etc?

 

You said, "somebody believes that I am still entitled to 4 weeks notice period payment even though I did not work it".

Certainly nothing in Statute about that, and I'd be enormously suprised if that was in your contract.

 

Hi

Have a contract that states that upon termination of contract i am entitled to be paid in lieu of accrued of untaken holiday save that they dismiss you or do not give 1 months written notice prior to termination.-

 

I left with immediate effect.

 

Then because I did not give the one months notice it is possible that wil refer to the Working Time regulations 1998. For these purposes any paid holiday is deemed to be statutory paid holiday. The amount of the payment in lieu shall be calculated on the basis of paid holiday is equal to 1/260 of basic salary..

 

Presume that they will attempt to screw me and pay half of my outstanding 15 days holiday due. receiving half of what I was expecting.

 

 

The contract also states that i am entitled to basic pay and an additional car alowance of £500 per month which accrues from day to day and is paid monthly in arrears. Pesume that is where the idea about payment for notice period without working it comes from.

 

thanks in advance

Edited by deckermbnahater

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I'm not entirely with you.

 

Contractually, you should have given 1 months notice. Which you didn't.

Therefore they've held onto your accrued holiday pay.

 

Are you arguing that as there is a Statutory provision for an employer to give employees paid holidays,that they should therefore pay you anyway?

 

I don't really understand your last post.

 

About the only circumstance I can think of in which an employer pays the employee for their notice period, but the employee doestn't work during that period, is when the employee gives their notice but the employer decides they don't wish the employee to work.

The employer then gives the employee what is known as 'garden leave', they leave immediately, but the employer pays them until the end of their notice period.

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It sounds to me like you went off sick to avoid/delay the pending disciplinary then resigned six weeks later for the same reason - not saying thats correct but its probably what your employer thought too and possibly why they asked for your medical records so quickly too.

 

Not a very good employer however by all accounts, from what you've described and yes you're probably best out and away from the place.

 

That aside, in respect to notice etc - you resigned with immediate effect so unfortunately you are entitled to no final notice pay because you didn't work any notice. You would be entitled to pay only upto the day you resigned.

 

I wouldn't let them away with not paying you for any accrued and untaken holidays though. Have they actually told you they will not be paying you this?

 

If they haven't said they won't be paying it then I'd drop them an email saying you believe you are owed xx days holiday pay and ask them to confirm how much pay you are owed for that and when you will be paid it.

 

If they then say they aren't paying you it we can take it from there and you should raise a formal grievance about it, on the lines of you felt you had no option but to resign without notice due to having lost all trust and confidence in your employer and you wish to raise a grievance in respect to their refusal to pay you xx amount of holiday pay due to you.

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