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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Not sure whether I can be annoyed at ex employer

132 replies

SushiRolll · 30/11/2018 07:57

I started a new job early November. Unfortunately after two weeks I was offered something else which suited me much much better (miles closer to home, cutting down commute by 3 hours a day for the same money) and so I felt I really had no choice but to accept.

I only needed to give a week's notice and when I told them I was leaving they said okay, they were disappointed etc. they sat me on a desk away from everyone and left me with nothing to do until 5pm Hmm

At around 5 to 5 I got an email saying 'there is no requirement for you to come into the office to work your notice period as discussed'. I hadn't discussed it with anyone, as far as I was aware I was supposed to be coming in the following week to work which I was happy to do but their email told me there was no need.

At 5 a lady I didn't know came and took my pass for the doors off me and that was it.

I've been paid today and it seems they haven't paid me for my notice week.

I don't know whether I can be annoyed, to me their email implied that my notice week still applied but I just didn't need to come in. I understand it wasn't great of me to leave a new job so soon but I would have happily worked the following week if they had wanted me to/let me. At no point did I say I wouldn't.

I know I should have questioned it at the time but as I say, they sat me away from everyone and only told me nearing 5pm that I wasn't needed the following week. When I went to find my manager at 5 she'd already left and frankly I wanted to get out of there as it was awkward as hell. Clearly they took it very personally.

I'm guessing I just need to chalk this one up to experience and learn to question things next time? I can't help but be a but pissed though, so close to Christmas and I'm now down hundreds of pounds.

OP posts:
Original poster
SushiRolll · 30/11/2018 07:59

PS for what it's worth, it's a huge national company so whilst it still isn't great me leaving so soon, it wouldn't have done them any damage financially iyswim and I'm certainly not the first person to pack up and go soon into the role.

OP posts:
milienhaus · 30/11/2018 08:03

I think I would read the email as saying “we’ve waived the notice period and you are free to start your new job a week early”, especially since they took your pass away. Does sound annoying though!

Darahstar · 30/11/2018 08:03

Get a copy of your contract and check out the notice periods. It might be one of those where you can be dismissed without notice at anytime during probation. It seems very off though for them to have done this and you might have a case, they might just be trying it on. I would take your contract to Citizens advice and find out if there's anything you can do. If you're a part of a union you may also be able to get representation and help there too. It sucks but employers often wiggle through loop holes in employment law thinking you'll do nothing, sounds like you made the right choice moving from them by the way they treated you.

Take care xx

Original poster
SushiRolll · 30/11/2018 08:07

milienhaus see I read it as the opposite. As 'your notice period still applies but we just don't want you coming in' basically.

I assume that's how they've done it though so it can be misread as either or.

I did check my contract at the time and it said both employee and employer had to give one weeks notice whilst in probation.

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Alfie190 · 30/11/2018 08:08

It would be perfectly normal to tell you to leave the same day, My background is multinationals and absolutely you would have been told to go. immediately by most people.

You will definitely get paid your notice week though, so not sure why you think you will be down.

Original poster
SushiRolll · 30/11/2018 08:10

Alfie190 because I've been paid today and I haven't been paid for a week.

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catkind · 30/11/2018 08:12

Wait a sec, next week is December? Are you sure you won't get paid for next week in next month's payroll?

ThatOneHurt · 30/11/2018 08:13

I think I would just leave and accept the days pay.

You're free to start the new job now.
And you kinda let the old job down, it doesn't look very professional.

However, most people would have done the same and better now than in 3 months time.

Just leave it.

Good luck with the new job.

Original poster
SushiRolll · 30/11/2018 08:14

catkind I wouldn't have thought so, I started there way before their cut off and I've been paid for the first two weeks just not the last.

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Alfie190 · 30/11/2018 08:16

So what weeks did you work? When did you resign and finish up?

Original poster
SushiRolll · 30/11/2018 08:17

ThatOneHurt I'm already at the new job now. I've just been paid for the old job today and it seems they haven't paid for last week (which I was off because they'd told me not to come back and I'd already given the new job a start date for this week because I assumed I'd need to work a week's notice).

It's annoying because their email said 'as discussed' but it wasn't. They didn't discuss anything with me. I would have happily come in and just done their filing for a week if that's what they'd wanted rather than not be paid at all.

I appreciate I let them down. I do understand that and I apologized and explained it was nothing to do with their company etc... I suppose they aren't really interested though.

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daisychain01 · 30/11/2018 08:17

I've been paid today and it seems they haven't paid me for my notice week

If they made you stop work sooner than your notice period, and are not paying you for those days, then you have a case of Wrongful dismissal which is a breach of your employment contract.

Start by writing to them with a copy of your contract highlighting where it states your notice period eg 1 week and say you are offering the opportunity to pay you for those days and if you receive no response within 7 working days then you will have not alternative but to lodge a claim for wrongful dismissal.

You would be advised to run your circumstances past ACAS in the first instance, but I believe this to be an accurate summary of your situation.

Chasingsquirrels · 30/11/2018 08:17

I'd contact thrm and ask for it, you appear to be contractually entitled and have nothing to lose.

JimandPam · 30/11/2018 08:18

It might be worth checking how they pay their salary. Our company (also big multinational) pays in the middle of the month-2 weeks for work done and 2 weeks in advance. So if you leave on pay day, your salary that month will be short.

Also if they're a big company, they probably have a payroll or Hr dept you could just ring and ask without having an awkward convo with your ex boss?

Original poster
SushiRolll · 30/11/2018 08:19

Alfie190 I started at old job on 5th November. Gave notice on the 16th November. I'd given new job start date of the 26th because from my contract I needed to give old job a week's notice. At 5pm on the 16th old job sent that email saying I wasn't needed the following week and so I was essentially in between jobs last week. Hope that makes sense!

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daisychain01 · 30/11/2018 08:23

I think I would read the email as saying “we’ve waived the notice period and you are free to start your new job a week early”, especially since they took your pass away.

Just to highlight, the employer doesn't get to pick and choose unilaterally which aspects of the employment contract they want to abide by. A contract of employment is a two way agreement and OP was willing to work so they should have abided by their side of the agreement.

Alfie190 · 30/11/2018 08:25

Well it is possible, as somebody else has said above, that they actually cut off for pay roll mid month. Did you get a P45? That would not be a good sign.

I would ring them up and ask if the third week will be in n txt months pay? Obviously if you already have your P45 then they are not planning to.

In which case, you ring them and tell them they have made an error and yu would like your weeks notifice paid as per he contract. As I mention, there is nothing odd about them telling you to leave, but I have never seen a big company trying to wiggle out of one weeks pay, it isn't worth the effort.

Original poster
SushiRolll · 30/11/2018 08:28

Alfie190 no I haven't got a P45 but to be honest I've never got one from an old job until at least a few weeks later so I wasn't expecting it immediately.

They seemed to really take it personally. Just the way they were afterwards.

As I say, they sat me away from everyone (took me away from my own usual desk), let everyone else on team go at 3 and made me sit there until 5 with no work. I got my phone out once to text DP and a lady stormed over and told me to put that away Confused

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ElideLochan · 30/11/2018 08:32

but I have never seen a big company trying to wiggle out of one weeks pay, it isn't worth the effort.

Oh I have, one of the big banks tried to do me out of a low amount of money... but that was due to a wanker of a manager who didn't like me

Iloveautumnleaves · 30/11/2018 08:34

As JimsndPam said, ring HR and ask.

If it was a small company I’d have let it go because it’ll really impact them, large national company. Nope. They need to follow the letter if the law.

It’s a shame you hadn’t fired back an email covering yourself ‘This has not been discussed? I’m fully prepared to work my notice’

However, you didn’t so it looks like you had asked not to work it. Twats. Definitely phone HR and ‘check’ you’re being paid that week in the next pay round.

How’s the new new job?

Alfie190 · 30/11/2018 08:35

Well I would drop them (HR) a line today querying the pay. Did you get a payslip by the way, or have you just seen it in your bank account?

Again, I don't think there is anything odd. I don't think you made the wrong decision, it couldn't be helped. but from their perspective it s professionally annoying. I would also be professionally annoyed, not to be confused with taking it personally.

Don't worry above the reaction, they are fairly normal. My husband once had to resign during the first week of a new job because we both secured jobs in Australia and decided to move. He was told to "Fuck off". 😄 He was paid though.

Iloveautumnleaves · 30/11/2018 08:36

I’d have told her to get lost.

They sound utterly utterly dreadful.

Was it a call centre type place?!

Sunshinegirl82 · 30/11/2018 08:36

Contact them (by email) with a copy of your contract and reference the relevant clause. Ask for a response/payment within 7 days.

If no luck, contact ACAS and start the ACAS early conciliation process. They might be able to resolve it. If not you can decide whether it's worth bringing a claim for the money. Both ACAS and the ET are free and you don't need a lawyer.

Don't wait though as there are quite short deadlines for employment claims so if you want to pursue it and the company don't pay up straight away go straight to ACAS.

Alfie190 · 30/11/2018 08:37

*anything odd about the behaviour or being asked to leave I mean. The pay is sounding odd.

Original poster
SushiRolll · 30/11/2018 08:39

However, you didn’t so it looks like you had asked not to work it. Twats

Yes I'm so annoyed at myself for not doing at the time!!!! As I only gave my notice to one boss face to face they could probably just say we did discuss it in the meeting Sad

Oh my goodness Alfie!!! Grin well they didn't tell me to fuck off but I reckon they wanted to ha!

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