Garden Leave

[roygoodbeat]

Need some advice.

 

I am looking to hand in my notice and as I am going to a rival company, I am likely to go on garden leave.

 

Nobody is sure of the notice periods but the company say it is a month, but we have never been given a contract. I have been here almost 6 months and I beleave it is only the statorary week.

 

The concerns I have are:

 

1) If I give a months notice, if my employer gives me garden leave, can he just give me a weeks pay. (Apparently the employer changes this to suit themselves from other people leaving)

 

2) Commission due to date. Others who have left have not been paid what is due to them to the day they hand in their notice. The employer says that they do not have to pay commission.

 

3) Bullying. This is common practice by the owner. He has done this a number of times to me and other employees. Sometimes he will bully those that are leaving, then not pay commission.

 

4) Holidays booked. I have a weeks holiday booked. Can they rescenf this and make me work to the end of the notice period?

 

Any help would be appreciated as I have to hand in my notice soon.

[honeybee13]

Hello there.

 

The guys should be along over the course of the day with advice for you.

 

My best, HB

[becky2585]

If you don't have a contract, you only have to give one week's notice. They don't have any legal argument to say that you should give a month's notice if they didn't put it in a contract.

 

1. If you do give one month's notice, you should be paid for the whole month. If they choose to put you on garden leave and they tell you it's for a month, that's what you should be paid - although they could put you on only a week's garden leave and pay you for just a week.

 

2. Commission is usually written into a contract, but in the absence of a contract, you could argue it was an unlawful deduction from wages for them to withhold this as it was a payment which was customary.

 

4. They can only retract holiday if they give you twice as much notice as the holiday booked - so two weeks' notice.

[roygoodbeat]

Thanks.

 

Need to sort this asap as I cannot afford to lose out financially!

[roygoodbeat]

So if you give them a months notice, they can then rescend this to one weeks garden leave?

 

How about staff sickness. They state that you can have 5 days per year off paid. I assume they can take this poff your holiday time due?

[Feebee_71]

If you have taken sick leave then you would only be paid full daily rate of pay for 5 days then would either revert to SSP or would have to claim ESA for the period of illness. If you have taken sick leave they can't (as far as I'm aware) turn round later and say you owe them x number of days leave in lieu of sick days taken - if you're only entitled to 5 days but they pay you for more than that it's not your fault. If, however, you are entitled to 10 days leave for the pro rata'd time of the leave year you're there but you've taken 12 days then they can reclaim payment from you and, if you've only taken 8 days leave, then you should be paid for the 2 days not taken.

 

I am sure others more knowledgeable will be along to correct me if I'm wrong.

 

Feebee_71

[roygoodbeat]

If you have taken sick leave then you would only be paid full daily rate of pay for 5 days then would either revert to SSP or would have to claim ESA for the period of illness. If you have taken sick leave they can't (as far as I'm aware) turn round later and say you owe them x number of days leave in lieu of sick days taken - if you're only entitled to 5 days but they pay you for more than that it's not your fault. If, however, you are entitled to 10 days leave for the pro rata'd time of the leave year you're there but you've taken 12 days then they can reclaim payment from you and, if you've only taken 8 days leave, then you should be paid for the 2 days not taken.

 

I am sure others more knowledgeable will be along to correct me if I'm wrong.

 

Feebee_71

 

Thanks. I am a little worried as I have experienced bullying with the owner. We had someone leave earlier in the week.

 

She lost her commission, even though she was told she would receive it, plus they have docked some holiday time leave due to sickness. She gave motive until the end of August and now they are not paying until then. They are coming up with a number of reasons why she won't get paid. She is livid as she was experiencing a number of sexual suggestions from the owner, witnessed by all.

 

Another colleague was dismissed two weeks ago. She was off sick. Even had a doctors note. They said she was in probation period and that she was hardly there.

 

Looking at others I know, all the same has happened. Including bullying from the owner.

[roygoodbeat]

I have another update. I have handed in my notice and have worked this out. I am now on my last day. I was told that I would be receiving £990 commission from the last commission run by my supervisor. I was told by accounts that this had gone through.

 

I came in this morning and I have been advised that I would only be receiving 50% of this. According to accounts, they will be unable to do another wage run as they have issued a P45.

 

Where do I stand.

[Emmzzi]

Assuming the commission is contractual and not discretionary, I'd say you start filling out forms for ET or small claims.