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Can my work do this

(29 Posts)
Chattylass Wed 06-Nov-19 18:12:06

Hi everyone. I wonder if someone knows anything about the situation my husband is with his work.

He is a food and beverage manager at a hotel. He started working there 3.5 months ago. He absoloutly hates it and has found employment else where.

The problem i have is i don't understand if the email he recieved is potentially ripping him off. Both of us have been self employed all our working lives until my husband got this job so this is why we are confused.

My husband's contract says 1 months notice. He had 11.6 days holidays and worked 1 week in hand. He is on a salary of 18.5k. 40 hour contract.

His manager has emailed him to say.. taking into account his notice of 1 month and his outstanding holiday entitlement we would propose that your last working day would be 10.11.2019. Your holiday entitlement would cover the remainder of his holidays.

Depending on his hours that he works this weekand his necessary balancing payment his last day would be 11.11.2019 altho he isn't required to work the 11.11.2019.

His final payment would be this month that he would have been paid if he hadn't of told them he was leaving.

So does this offer mean his holiday pay and his week in hand wouldn't be paid as this is instead of working his notice ?

Sorry if this is a stupid question as we have both always been self employed.

Singlenotsingle Wed 06-Nov-19 18:20:14

If your contract says you need to give a months notice, that means they need a month with you working do that they have enough time to advertise and appoint a replacement. What they've done is to say he can take his holiday in this month, and thus leave early. He'll work up until the 10th, and get paid another eleven days holiday plus the week in hand. That's pay practically up until the end of the month. If he can arrange to start the new job on the eleventh, he could be quidsnin!

Chattylass Wed 06-Nov-19 18:27:09

@Singlenotsingle the email recieved said his final payment would be the 15.11.2019 which is his normal pay date. The amount shown is his normal salaried payment.
So would he recieve another pay on the 15.12.2019? For the week in hand and the holiday pay ?

snackarella Wed 06-Nov-19 18:28:24

No he would get it all at once usually in his final pay

isabellerossignol Wed 06-Nov-19 18:30:04

He wouldn't get the holiday pay because he'd be taking the holidays. He'd only get extra holiday pay if he continued to work his full month and left with holidays not taken.

Chattylass Wed 06-Nov-19 18:32:03

@snackarella the email states his final payment would be £1,422.96 so no holiday or week in hand in that.

Chattylass Wed 06-Nov-19 18:34:22

Following your advice to me and owner that you will be leaving work
we would propose the following.

Taking into account your contracted notice of one month and your
outstanding holiday entitlement of 11.6 days we would propose that your
last working day would be Sunday 10th November.

Your outstanding holiday entitlement would cover the remainder of your
notice.

Depending on the hours that you work this week and the necessary
balancing payment your last day of employment would be 11th November.
You are not required to work on the 11th of November.

Your final, November payment would be @ £1,422.96 and this would be paid
in the usual fashion.

This amount might vary very slightly as a result of your hours that you
work this week.

If you are happy to agree to this proposal please let me know as soon as possible.

Thats the original email. So there will be no week in hand paid ?

Quartz2208 Wed 06-Nov-19 18:37:35

how does he get paid is the 15th payment taking him up to the end of the month so two weeks in arrears two weks in advance. If so that would take him through to the end of the month

Reachedsohigh Wed 06-Nov-19 18:39:00

I don't understand about the week in hand? He's paid monthly. Does the pay on the 15th pay for the whole month? So two weeks in advance, two in arrears?

Reachedsohigh Wed 06-Nov-19 18:39:47

@Quartz2208 cross post!

Chattylass Wed 06-Nov-19 18:44:55

@Quartz2208
The cut off point is 1 week before the 15th.

He started working for them on 5.6.2019 he got paid £1,413.05 15.07.2019

Im really not sure if it is in advance or in arrears.

Reachedsohigh Wed 06-Nov-19 18:47:19

What does his contract say?
If there is a 'cut off' is he paid for hours worked rather than salaried?

Chattylass Wed 06-Nov-19 18:50:19

He got paid again on the 15th august of £897 because they had overpaid over £500 of someone elses holiday pay. I am unsure how they worked this out and because we didn't understand it we didn't queery it.
Looking back over the reviews from former employees they have ripped people off when they have left and with holiday pay which is makig me think this isn't right?

Chattylass Wed 06-Nov-19 18:51:53

@Reachedsohigh he is salaried. He has worked 60 hour weeks and that is one of the reasons amongst many that he is leaving.

Reachedsohigh Wed 06-Nov-19 18:52:00

None of it makes sense. The only way to work it out would be to work out exactly what he should have been paid and cross check it.

Reachedsohigh Wed 06-Nov-19 18:53:54

Ok, so if he's salaried his contract will tell you pay dates and periods. Being underpaid by £500 isn't right and I don't understand why you didn't query it at the time.
Has he taken any holiday? Had bank holidays off?

Chattylass Wed 06-Nov-19 19:00:44

@Reachedsohigh i don't understand it either confused

The owner told him he would receive his £1413.05 as his final payment so thats his normal monthly payment so no week in hand.

He worked from 5.6.2019 to cut off on 7.7.2019 and when they took the over paid holiday pay back that left him with £897. That to me looks like 3 weeks pay hence the week in hand owed ? I'm probably not explaining this clearly confused

Chattylass Wed 06-Nov-19 19:04:05

@Reachedsohigh no time off in any way at all.

The owner told him he had paid my husband someone else's holiday pay so took it back lump sum the following month leaving the £897 but has recieved the £1,413.05 every month after that.

Reachedsohigh Wed 06-Nov-19 19:16:16

Salaried contracts don't usually have a cut off. So, for example, if someone's salary is £24,000 they would receive £2000 before tax/ni every month on pay day. Omebody on a timesheet and paid per hour/shift would have a cut off, usually a week or less before payday.

He really needs to check his contract. Nobody on here can advise you properly without a lot more information. You say he started 3.5 months ago, I make it 5 months? So he should, as a minimum, have received annual salary/12 x 5 plus extra for this month.

Pushmepullyou Wed 06-Nov-19 19:40:01

What date did he hand his notice in? He should be paid until 1 month from that date. His last day in work might be earlier as his final few paid days will be on leave

snackarella Wed 06-Nov-19 19:46:47

Sounds like the £500 is more of a problem!

It's difficult to advise when it's in bits and pieces but it sounds like they're avoiding paying him the holiday on top of his notice by letting him leave beforehand and using the last 11 days as holiday pay.

cabbageking Thu 07-Nov-19 16:11:44

He won't get holiday pay on top but instead of working his notice.
Unless you go back to the first pay month and check how many weeks are in each pay packet there is no way to say if anything has been missed. If he is receiving his usual pay that means his holiday pay is included. But it is down to pen and paper to work out how many weeks he has worked and how many he has been paid for.

Ambydex Thu 07-Nov-19 17:25:48

You/he needs to go back and unpick it.

Put the £500 and week in hand to one side for the moment. Work out what his monthly or weekly salary should be from his annual salary on an online calculator, and work out what weeks he's been paid for. I'd calculate it in weeks. Work out how many weeks he will have worked from start date to the date a month after he handed his notice in. That is what he's due overall, possibly plus the "week in hand".

What's the deal with this "week in hand"? Is this extra hours he has worked in addition to his full time hours?

Does he agree with the calculation of 11.6 days' leave he's owed? Is that 5/12 ish of his annual allowance? Does it include the week in hand or is it in addition?

APerkyPumpkin Thu 07-Nov-19 17:31:00

Was he still in probationary period? Often there is a week's notice if this hasn't been signed off.

Bluntness100 Thu 07-Nov-19 17:35:12

When did he start his notice? It reads to me like he is working his eleven holiday days, and and then the rest as normal days, to take him to the one month.

So if he worked his whole months notice and his holidays he'd work for over six weeks.

So it looks like they are saying work two weeks, work the other two weeks holiday and you're done.

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