Payment In Lieu Of Notice? - ** RESOLVED **

[Azzza72]

Hi

 

I recently resigned from a job that was making me ill from stress. I knew that I had got another job lined up, even though it is only temporary, that I am now presently working at.

 

However, when I resigned I offered, in writing, to work my notice period of four weeks, less the holidays that were still owed me, but was informed by my manager that they did not want me to work it due to new procedures that had come into place and that they didn't think that I would follow them or give the job my full commitment, which I have not been given in writing. They asked me to take my keys in the following day, which I did in case there were any security issues and was treated as though I had been sacked as opposed to me having resigned, being stood over as I removed my personal items and then escorted off the premises all to a stony silence. Admittedly I did not leave on good terms with my manager, but I wasn't fired I chose to resign and I was not facing any disciplinaries.

 

This all brings me to my present dilemma. I asked one of my former colleagues if she would print out my salary slips for the months of September, October and November (as we had to print them ourselves and weren't issued them), which she managed to sort out for me approximately one week after I had left.

 

My November payslip shows the full amount that I would normally receive for the month, but I had been paid some £300 less than the amount shown. Most people that I have spoken to have said that I should be given payment in lieu of notice as I had offered to work my notice, but it was they who had refused this, which would be in line with a full salary slip for the month of November and some more money due in December. However, I suspect that seeing as they paid me less than what the salary slip states they are intending to not pay me anything. There is nothing mentioned about payment in lieu of notice in my contract, but as stated I did offer to work the notice period and it was they who did not want me to.

 

I have not received a P45 as of yet and when I sent an email regarding the matter, after several days I received a reply stating that I should phone my former manager if I wished to discuss the matter. However I do not wish to discuss it over the phone with her, because I really do not trust either her or the company and so consequently I want my queries to be answered in writing, I personally don't think that this it too much to ask for.

 

Consequently I am wondering if I should seek legal advice regarding the matter. Any advice or information that you could give me would be very much appreciated. I never thought that I would end up being in this position as up to about six months ago I mostly enjoyed my job, but then everything changed, a new manager came in who I found to be totally unapproachable and the amount of stress just escalated to the point of making me physically ill and so I know I have done the right thing in leaving, especially as the reports that I am getting from former colleagues still there are stating that the situation there has gotten worse.

 

Arran

[assisted blonde]

Send a letter (not an email) to HR asking them for a written reply within 14 days, send by recorded delivery, if no response claim for unpaid wages

[raydetinu]

yes you would be entitled to payment in instead of working any notice, and any holiday entitlement not taken/due.

speak to ACAS on phone and they will avise further action.

If stress was a problem at work, you should dicussed this with your line manager and HR before it got critical.

Employers have a duty of care and must take steps regarding stress and try and resolve.

[Azzza72]

Thankyou.

 

I did speak to my line manager about the stress issues. We had a meeting away from work just after I went off sick, where effectively I was told that nothing was going to change and that there was nothing that could be done about it as it was the way that the company was changing,

[raydetinu]

You would of had the opportunity to take it up a level, director and HR. You may of had a claim for constructive dismissal if nothing was done.

Anyway speak to acas about monies owing.

[steampowered]

They have to pay you for the notice period. Don't do it over the phone, keep it in writing so you have the necessary evidence. You have nothing to discuss with the manager anyway - simply ask HR to explain the deduction and confirm whether you will be paid for the rest of the notice period. If they don't give you a good answer then you threaten to bring employment tribunal proceedings to recover the unpaid wages, and if they still don't cough up then you file an ET1. Legally email is absolutely fine although letters sometimes feel a bit more "formal" to the people receiving them.

[Azzza72]

I have posted my letter to the HR department asking for a written reply within 14 days, so we shall see what results from that. I did however receive my P45 today, which I know will have crossed over in the post with my letter. There was no letter with my P45, however interestingly enough there was a pay slip for another former member of staff who left at approximately the same time that I did, this left me wondering whether I was due to be receiving another payment, or whether it was just a mistake.

[Azzza72]

Just writing to say thankyou for the advice given me, it worked and I was paid my notice. Just asked them if they would send me a payslip through for my personal files, but then the whole ordeal should be over.

[assisted blonde]

Good result and not too much hassle

[honeybee13]

Hello again.

 

That's good news, well done to you and the people here who helped you. Thank you for letting us know, I'll alter your thread title.

 

My best, HB