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In thinking they should still pay me?

(14 Posts)
NoNameNoGame Thu 28-Mar-19 22:21:52

I handed in my notice today at work (I was 2.5 months into the role and within my 3 month probation period). The notice period is 1 week, so my last day would be next week Thursday. However, my employer took all my stuff, laptop, phone, company car, etc off me immediately (leaving me to make my own way home via train at a £33 cost) and said this is my last official day and will not be paying me for the 1 week notice period as I will not be working anyway. Is this correct, can they do this? I would have been happy to work till next week or at least help others with their work.

Divgirl2 Thu 28-Mar-19 22:25:26

As far as I know there is a statutory 1 week notice if you've worked there for more than a month that they would have to pay you for, but they don't have to let you actually work it.

Or that's how it used to be...

Doyoumind Thu 28-Mar-19 22:25:40

If you had it in writing that there was a week's notice for both parties you should be paid.

MarieG10 Thu 28-Mar-19 22:34:47

It is whatever your contract says but I would imagine a minimum of 1 week so yes they are liable.

Write to them setting out the facts in a calm and concise manner, and their actions and why you believe you are entitled to be paid. If they refuse or don't answer, send a follow up letter with a set period for them to reply (14 days is reasonable) and if no joy issue a summons to the small claims court. You can do this online.

I suspect it won't get that far

Good luck

LittleOwl153 Thu 28-Mar-19 22:48:28

Yes you are entitled to your contractual pay - which includes use of the car...

Take a look

NoNameNoGame Fri 29-Mar-19 14:42:45

@LittleOwl153 would that include during the probationary period too? I wrote an email to HR today, just awaiting a response. Thank you all.

Di11y Fri 29-Mar-19 15:14:59

you're effectively on garden leave. they need to pay you.

filka Fri 29-Mar-19 15:36:39

They need to pay you (and provide all contracted benefits - car, medical insurance etc.) to the end of your notice period.

Some companies don't like departing employees to stay in the office for security reasons (higher risk of data theft etc.) so they send you home immediately. But that's their choice, they still have to pay to the end of the contract.

NoNameNoGame Fri 29-Mar-19 18:08:22

@filka they took the car off me straight away and I had to make my own way home at my own cost. In my email today I asked them to confirm all money owing to me as well as holiday pay and how many days I had outstanding, would have only been a feed I had already taken off 1.5 days. Also I will be owed commission from March which would have been paid in April.

TheLionQueen1 Fri 29-Mar-19 18:18:41

Unlikely you'll get the commission Op but depends what your contract says, if I was to leave my job they don't have to pay my commission/bonuses as per my contract. They absolutely have to pay your notice period and as others have said they have to pay for any benefits such as the car. They won't need to reimburse your train journey as ultimately you would have needed to make your own way home on your last day anyway.

Bluntness100 Fri 29-Mar-19 18:23:09

The thing is op, what are you going to do about it?

Sure they should comply with your contract, but if they don't, are you really willing to take legal action?

Tomtontom Fri 29-Mar-19 18:23:42

They'll probably stipulate that you take the annual leave accrued next week. They can do this.

If you don't have sufficient AL to cover the week then they would have to pay you if they don't want you to work.

filka Fri 29-Mar-19 20:06:12

Seems like they are playing a bit rough and hoping to browbeat you into acceptance. So you need to decide whether to fight or run. You decided to quit - I guess you have a good reason so might be willing to fight.

You need to start with your contract and work out what you think you are owed, including the money value of any benefits that were taken away prematurely.

If the contract doesn't say anything about commission not being paid for the last month, then I would assume you are entitled to it as you have earned it.

You can often get a free hour's worth of advice from a solicitor which should at least help you assess your position. Then small claims court and/or employment tribunal as already suggested.

The link from @littleowl153 says you have to go to ACAS before the employment tribunal and can use the free conciliation service. But by this time they may realise that you are serious about getting what you are owed.

MidniteScribbler Fri 29-Mar-19 23:34:33

Are you leaving to go to work for their opposition? Many companies will expect you to leave immediately if you are going to work for a competitor to avoid loss.

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