Not sure whether I can be annoyed at ex employer

[SushiRolll]

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

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.

Was it a call centre type place?!

No, but you'll laugh when I tell you... It's a law firm.

Thank you for all the helpful advice, I'll look into it today!

It's not just your pay, it's your N. ins contribution as well, which could affect your ability to claim benefit in the next two years if needed. Chase it up with payroll and hr.

If you didnt have a contract dealing with notice then they’d be entitled to terminate your employment with no notice if you have worked there for less than a month.

However, you do have a contract with a one week notice period - so if they want to dismiss you then they need to pay you a week in lieu!

(Well, up to a week - you’re entitled to whatever would have been left of your notice period.)

You should’ve been paid. Phone Hr and if they give you any shit say you’ve consulted (another) lawyer who will be in touch

I think the business are right to be cheesed off. They are also right to protect themselves by keeping you separate from their systems and I.P once you decided you were leaving after a short period.

There are also costs involved with employing a person, so you have probably cost THEM considerably more than you think already...

BUT... A contract is a contract... If the contract was SIGNED and you have a copy and both parties agreed, you should chase them up if the pay does not come through next month... They essentially offered you one week garden leave which should be paid.

What you did was very unprofessional, not sure I could have done that, but I can see it why you did it. They must have been very annoyed and personally I would have been so relieved to leave that day and overjoyed I was free to take up the new job and get on with my life that I would not waste my energy chasing this up. However, if it affects anything financial going forward then that is different.

Statutory notice for someone employed more than a month is one week. If you signed a contract offering more, then obviously the contract applies. Had you signed the contract?

haloumi crimsonlake

I understand why they were cheesed off. I felt awful about it, still do. I'm not 'unprofessional' in general. I'm very good at my job and have never had to do this before. Timing was crap but I had to do it.

To clarify, the job I'm at now is one that I interviewed for at the same time as I interviewed at my old job. They didn't come back to me until I'd already started and as unprofessional as it looks, I just could not turn it down. I was driving three hours a day to get there and now I'm 5 minutes from my door step for the same money. I wouldn't do anything differently if I had to do it over (except maybe just hold out for this job in the first place and never start at the old one!).

I had as much right to leave during probation as they would have done to let me go if I wasn't the right fit for them. That's the point of a probation period surely? However unprofessional it may appear to them, it doesn't give them the right to not pay be for a contractual notice period which I was willing to work.

crimsonlake and I couldn't start the new job straight away. I'd already given them a start date for the week after as I had expected to work my notice as per my contract.

Singlenotsingle yes I'd signed it. Probation lasted 3 months and within probation notice from either party was one week. After probation, notice period was 3 months.

This happened to me. I called ACAS and they emailed me a letter I could use. It worked and within a week I received a cheque for the missing weeks notice.

Yes this is absolutely the point of a probation period and as you say, they’d get rid of you in one if they didn’t think you were right. It’s part of doing business, nothing to worry about

Call hr

notangelinajolie that's reassuring thank you. I will look into it today.

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

Well I have: Massive multinational. Handed in my notice letter, clearly dated with that day's date having carefully calculated my notice period, so I got paid for the Easter bank holiday weekend. It was a sales job so instantly out the door. (which was great as I had a month's temp job high paying lined up before I started new job)
They sent me a letter back confirming my letter of a date 6 days later than the actual date of my letter and date I handed it in, meaning the end of my notice period fell AFTER the Easter bank holiday, meaning they wouldn't pay me for Easter. I think they thought they were being clever and wouldn't spot this..
However what they failed to spot was that immediately after I started they had decided to change the holiday pay scheme so you worked a year in lieu, so first year you didn't get paid for any holiday till you'd accrued it. I was possibly the last employee taken on the old scheme (got your paid holidays up front). Meaning they then paid me 28 days holiday pay. I kept quiet about the 4 days and kept the extra 24.

What I did argue was they took my company car off me and didn't pay in lieu of that as it was part of the package. This got the union rep very excited, he went to battle on my behalf and I think I got a small sum of money instead. Awful company, reneging on sales commission scheme they said because my team were earning too much nobody in the country was succeeding so they'd decided to change it mid term and launch a new scheme.

Call ACAS for advice before you call your employer - they will give you the right "legal jargon" to quote at them. BTW even if they say they have processed you as a leaver they are perfectly able to sort out a "payment after leaving" - although this will be taxed slightly differently (any overpayment will be sorted out by HMRC).

@SushiRolll I would suggest, as you've not had a P45 that you may be due a further payment next month, depends how their payroll runs. I'd ring HR and clarify you have a further weeks money and p45 to come and find out when you'll get it (as your new employer will need the P45 to pay you the right tax)

not sure I am reading this correctly but it seems that you have started your new job in what would have been your notice period ?

You don't get paid notice if you are already working elsewhere .

Turquoise123 no, I was inbetween jobs last week (at home). I had given new job a start date factoring in a week as I thought I would need to work my notice as per my contract.

I'm only just finding this out now I'm at my new job because I've only just been paid today. I was not working at either place last week (the week which should have been my notice week).

You aren't entitled to notice in your first month of employment unless it's specifically stated in your contract.

Statutory notice only applies after the first month

It's specifically stated in my contract that either party has to give one weeks notice.

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

You get 3 months to lodge a claim from the event so plenty of time Acas early conciliation stops the clock so you don't lose time during any discussion with the former employer to resolve the matter.

daisychain01 thanks for the helpful info.