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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Notice period - help please

42 replies

KinkyAfro · 12/07/2018 18:02

I'm not sure where to post this but I could do with some advice.

My fiancé has handed his notice in via email stating that his last working day is 10th August; his boss has told him that she doesn't accept this date and she wants him to finish on 20th July - the day before we go away for a week. We have just been discussing this and my fiancé thinks that because he's stated that he wants to finish on 10th August, and she's saying he has to leave on 20th July, that she should be paying him up to and including 10th August. She only requires a weeks notice (possibly 2 I can't remember) and he only put his notice in when he did because they already knew he was leaving.

I've told him I don't think she should have to pay him until 10th August as it was his decision to finish on 10th August and his boss has never accepted it, it would be different if she had and then changed her mind.

So my question is who is right? Should she be paying him up to 10th August (gardening leave) as he says, or should she be paying him up to 20th July which is when she wants him to finish as I say?

Opinions welcome

OP posts:

fiorentina · 12/07/2018 18:06

If he only has to give a weeks notice then she’s right? Why should she have to pay him for his holiday? He should have handed in his notice just before holiday?

HeyDolly · 12/07/2018 18:07

If all that is required is one/two weeks notice that’s all she has to pay him. If your bf wanted to leave on 10th Aug he should’ve submitted his resignation letter one/two weeks before that date.

duckfuckduck · 12/07/2018 18:07

He will surely be paid any holiday pro data depending how much he has left? No way does she have to put him on gardening leave. She’s right.

Neverender · 12/07/2018 18:08

I don't think he has a choice here - but I'd get him to speak to hr if he has one and they can help.

HoleyCoMoley · 12/07/2018 18:09

What does his contract say. If he only has to give one weeks notice he leaves on 20th.

Baumederose · 12/07/2018 18:10

Depends on whether the statutory notice applies and thats set out in the contract

topcat2014 · 12/07/2018 18:10

You can give notice for whenever you like -

The holiday pay would only be what was accrued anyway,

If the employer tries to make it earlier, then they are dismissing you.

Ginger1982 · 12/07/2018 18:11

So he's given a month's notice but either side only requires a week? She's right then. Why should he be paid for a month, a week of which includes a holiday? Tell him to get a grip.

NewYearNewMe18 · 12/07/2018 18:12

How much notice, and how much (paid) holiday is accrued?

HuckfromScandal · 12/07/2018 18:12

He has to be paid his holiday pay regardless of whether he is still employed, if it’s payout of accrued pay.
This doesn’t t sound like it would negatively effect him financially, unless I am missing something?

DontTouchTheMoustache · 12/07/2018 18:12

Garden leave is at discretion of the employer not the employee so that's a red herring. As PP have said he should have handed his notice in later.
He will still be paid for the holidays accrued to the point he leaves, the leaving date being a few weeks later won't make any difference.

Original poster

KinkyAfro · 12/07/2018 18:13

He'll be getting holiday pay I think, but nothing after that which I'd expect. He was going to give his notice in after hol but they had already got wind of it

OP posts:

HuckfromScandal · 12/07/2018 18:13

And sith all thing, the most important thing is what is written in his contract. So he needs to check that as a matter of urgency.

Original poster

KinkyAfro · 12/07/2018 18:14

Thanks all. No need for the get a grip comment ginger but i appreciate the advice

OP posts:

HeyDolly · 12/07/2018 18:15

If his leaving date is 20th July he won’t be getting paid his holidays for the week after. He’ll be paid accrued holidays calculated pro-rata up to the date of leaving. Equally, if he has used more holidays than his accrued entitlement these will probably be deducted from his final pay.

Original poster

KinkyAfro · 12/07/2018 18:17

Sadly he doesnt have a contract, his industry seems very lax with regards to official paperwork!

It's not a financial issue, obviously he doesn't want to be without 2 weeks pay but it's not the end of the world if he is. He chose that date as he starts his new job on the following Monday

OP posts:

duckfuckduck · 12/07/2018 18:17

Is he sure his tax and NI has been getting paid in that case?

honeyishrunkthekid · 12/07/2018 18:17

I don't know how these things work but I would assume to give as much notice as possible. Therefore if he's stated he wants to leave August the 10th then surely that's correct. Otherwise there is no incentive to give lots of notice. That's penalising him for giving more than the required amount of notice?

Sorry if that's wrong but I'm so confused by it

FatCow2018 · 12/07/2018 18:17

Equally, if he has used more holidays than his accrued entitlement these will probably be deducted from his final pay yes this.

Baumederose · 12/07/2018 18:17

Statutory notice then without a contract

Saltandsauce · 12/07/2018 18:20

I agree with topcat.
He’s given a date that he will be working until and it sounds like she’s spat the dummy and said no you can leave on the 20th. He was giving his employer ample notice that he was leaving. I would get him to check with HR, she is essentially dismissing him if she did not discuss gardening leave, in which case she would need to justify the dismissal. Is the role he’s going to with a competitor? Thats usually when gardening leave would be given.
Defo get him to check his contract and speak to HR.

Original poster

KinkyAfro · 12/07/2018 18:20

duckfuckduck he does get payslips, his tax and NI is covered 😀

He's accrued those holidays so that shouldn't be an issue

OP posts:

HeyDolly · 12/07/2018 18:21

Statutory notice that an employee must give is one week if they do not have a contractural notice period.

Original poster

KinkyAfro · 12/07/2018 18:22

But it was his choice to finish on 10th, she never agreed to it and hasn't accepted it. I don't think she's done anything wrong

OP posts:

HeyDolly · 12/07/2018 18:23

She hadn’t done anything wrong. His resignation letter was effective from the date he sent the email.

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