notice period and payment

[andyford2000]

I resigned from my job on monday 13th july 2011

 

I was told by my manager to leave immediately, hand in my keys and uniform.

 

I am supposed to give 4 weeks notice as stated in my contract of employment

 

what I need to know is, am i entitled to payment for the notice period, as well as outstanding holiday and any other paid work.

 

seeing as i wasnt allowed to work my notice period

[RachelMD]

What period of notice is your employer obliged to give you if they decide to dismiss you?

How long have you worked there?

[andyford2000]

I have worked there about 9 months,

 

it states in my contract upto 12 years service.

 

from employee 4 weeks,

 

from employer one week for every completed year of service subject to a minimum period of one week

 

i resigned, it wasnt a case of them sacking me or giving me notice

[RachelMD]

Right. Well, they should have given you one weeks notice, if they wished to terminate.

Unless they could show that they had grounds to dismiss without notice, due to gross misconduct. And I don't think handing ones notice in amounts to GM.

So yes, you're owed a weeks pay plus accrued holiday pay and anything else they might owe you.

Write them a letter. Headline it LETTER BEFORE ACTION

Set out what you are owed and give 'em 7 days to pay.

State that non-payment will result in legal action.

Send the letter by recorded delivery.

[andyford2000]

there were no issues with my work at all, the reason I was leaving is because I have been offered another job which starts in 5 weeks time.

 

surely they are obliged to pay the full 4 weeks, as they are not letting me work my notice period. even though i was willing too

[RachelMD]

They only have to give you one weeks notice, that's the thing.

[andyford2000]

that maybe the case, but they didnt.

 

surely that makes the difference, because i resigned in my letter it clearlt stated the following

 

As required by my contract of employment, I hereby give you 4 week’s notice of my intention to leave my position as a driver.

I have decided that it is time to move on; this was not an easy decision and took a lot of consideration. However, I am confident that by doing this will help me move towards some of the goals I have for my career

[honeybee13]

Hello guys. I don't know the answer to this, but is it permitted for the employer to give a week's notice when the employee has to give 4 weeks?

 

My best, HB

[RachelMD]

that maybe the case, but they didnt.

 

surely that makes the difference, because i resigned in my letter it clearlt stated the following

 

As required by my contract of employment, I hereby give you 4 week’s notice of my intention to leave my position as a driver.

I have decided that it is time to move on; this was not an easy decision and took a lot of consideration. However, I am confident that by doing this will help me move towards some of the goals I have for my career

So you need to point that out to them and demand to be compensated for their breach of contract.

[RachelMD]

Hello guys. I don't know the answer to this, but is it permitted for the employer to give a week's notice when the employee has to give 4 weeks?

 

My best, HB

Yes, if that's the contractual agreement.