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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:
TedAndLola · 01/12/2018 12:19

There are a lot of dim people on this thread. Firstly, the company WROTE the contract that says they have to pay a week's notice. Secondly, a probation period is there for both parties to see if the job is a good fit. Do all you cat's-bum-mouth posters realise that your employer wouldn't be moralising if they needed to give you notice? You're utterly dispensable. At least the OP understands her worth.

wowfudge · 01/12/2018 12:19

I can't believe some of the responses the OP has had. There wasn't a conversation where it was mutually agreed to release her early. They unilaterally said they didn't need her to work the week's notice. That doesn't miraculously release them from their contractual obligation to pay her the week's notice.

Follow up your email with a letter OP if you don't hear from HR for a couple of days. Did you forward the email to yourself at all? Would be useful to have a record of exactly what you received re: notice. I wouldn't put it past the manager to claim you refused to work your notice.

wowfudge · 01/12/2018 12:20

In a couple of days

Di11y · 01/12/2018 13:00

you should have either received pay in lieu of notice or been put on garden leave if they didn't want you back in. it was fair for you to assume this is what they meant. shame you didn't clarify at the time.

AnoukSpirit · 01/12/2018 13:25

I feel sorry for the people who live in this odd universe where it's deemed unprofessional to use a probationary period for its purpose and who think it's unreasonable to expect employers to abide by the terms of their contract.

Sounds pretty shit.

The op signed a contract of service, she didn't sign over her eternal soul to belong to the company until such time as they no longer require her. Fucking hell. Get a grip.

daisychain01 · 01/12/2018 15:25

The job you did for a fortnight will have to be included on your CV though, so you may have to do some explaining at future interviews, be prepared for this.

This is ridiculous. Why should the OP have to cluster her CV up with non-value add information about a job that didn't work out. Good for her being empowered and decisive who made a quick decision to move to a role that suits her better.

Original poster
SushiRolll · 01/12/2018 15:25

Did you forward the email to yourself at all?

Yes, I actually did do this. I have the email from them in my personal emails.

OP posts:
daisychain01 · 01/12/2018 15:25

clutter

MiniMum97 · 01/12/2018 15:37

They can't not pay you your notice. Contact ACAS and get some employment advice.

Original poster
SushiRolll · 01/12/2018 17:33

You didnt work the full week because they stated they don't need you to and dismissed you. Why should you get paid for work you haven't done?

They don't just get to decide to dismiss me on the spot though... Doing so is a clear breach of their own contract which states I am entitled to a week long notice period. They decided they didn't want me to work my notice week which is fine, but it doesn't mean they get to not pay me for it. Why is that so hard to understand?

It's a bit scary that some of you think just because I unfortunately had to leave a job soon after starting (which I'm perfectly entitled to do), that I deserve to be dismissed on the spot and lose a full weeks pay because a company have decided not to abide by their own contract. I hope none of you find yourselves in this situation with bills to pay.

OP posts:
Original poster
SushiRolll · 01/12/2018 17:34

And again, me not working that week was their choice not mine.

OP posts:
bastardkitty · 01/12/2018 17:35

Too many stupid goady fuckers on every thread these days. I'm sure you'll get it sorted OP - they're just trying it on. Obviously it's less than ideal from an employer's point a view but a law firm who would pull a stunt like this is not one you'd want to be working for.

NoFucksImAQueen · 04/12/2018 08:32

did you hear back op?

Original poster
SushiRolll · 07/12/2018 17:31

I've had a letter today from ex employer saying

'we confirm your contractual notice period was 1 week however, it was agreed that your last working day would be 16th November.

Payment up to and including your last working day was paid into your account on X date'

So essentially they are trying to say I agreed with them that I wouldn't work my notice which is an out right lie. I guess ACAS is the next step?

OP posts:
Youshallnotpass · 07/12/2018 17:53

I was under the impression in the first 2 years you can be dismissed for any reason with any amount of notice. You arent allowed to go to a tribunal until 2 years unless protected characteristic discrimination involved.

I don’t think you will succeed but there is 100% no harm in trying.

RoseGoldEagle · 07/12/2018 19:37

They really are trying it on, please do phone ACAS and take it further. It’s incredibly unprofessional of them. Of course it’s an annoyance to lose an employee so soon but that’s just business. They should have either given you the option of leaving immediately with no pay (but why would anyone do this really, unless you wanted to start your new job straight away), or had you work your notice week. Or put you on gardening leave but of course then they would have paid you. Essentially I guess it will come down to them saying they discussed it with you and you both agreed you would leave immediately with no further pay, and you saying that didn’t happen. Really hope you get some get some good advice from ACAS- keep us posted.

Butcowsdontgetmarried · 07/12/2018 20:01

Really- speak to ACAS about illegal deduction from wages.
Also did they pay any outstanding annual leave (prob a day or less, but legally still due to you)
They cannot decide not to have a notice period, legally it’s a week’snotice which you gave and they sent you home. You did not leave their employment on that day.

Butcowsdontgetmarried · 07/12/2018 20:03

And by the way, ACAS is free and it’s very likely they will pay up after a call from them advising you have started early conciliation for illegal deduction from wages and failure to pay statutory annual leave.

Original poster
SushiRolll · 07/12/2018 21:35

Thank you! I will speak to ACAS on Monday!

OP posts:
Butcowsdontgetmarried · 07/12/2018 22:03

Am sure ACAS will sort it.
The employer has nothing in writing from you saying you will not work for them after the 16th. They have something they wrote that said or had said that, that won’t stand up. Add in the fact that they probably didn’t pay the annual leave and they look even less credible.
But illegal deduction from wages is the way to go, not instant or unfair or constructive dismissal.

European12345 · 07/12/2018 22:09

Wrong impression @Youshallnotpass

Before 2 years they don’t need to pay you redundancy pay however, they need to give you notice period.

When you’re in probation period normally it’s a week , after that it’s normally a week per worker year or a month . Depends on contracts.

Few years ago I was made redundant after passing my probation period at 3 months as the company closed , I was still paid 1 month notice period

Op wish you all the best. Hope acas can help you

TheSilentLamb · 07/12/2018 22:16

I'm glad you're resolving things.

Got to say though that if you could cope without the money, I'd have chalked this one down to experience and treated it as a week of unpaid leave. Whilst they are acting petulantly, I'd honestly feel a little bit guilty if I was in your shoes and write the cash off. But you are in the right so go for it and best of luck.

Eilaianne · 07/12/2018 22:27

I'm glad this is being pursued by the OP - employers aren't just legally allowed to not pay a notice period set out in the contract.

Since there's nothing in writing that confirmed it was an agreed date to finish working (because they're lying) I think op has a duty to get them to act legally here - what if this was an older person who didn't check their rights in the contract and didn't have access to find out what dodgey ground they're on? Or someone with English as a second language? Or a student who has their first job and Don't know about ACAS etc?

If it's a large employer imagine how many ££s it adds up to if they avoid a week's wages legally owing to even 10% of departing employees!

Hannnnnnnxo · 07/12/2018 22:59

It does all depend on what is in your contact. To be honest, I don’t think you’ll get very far with this. If you take them to court over breaching the contract it will cost you more money in legal fees and also could take 1-2 years to resolve. You won’t see that money any time soon. You also won’t be able to take them to a tribunal due to the short length of service. They could also say that you were asked to leave

Butcowsdontgetmarried · 08/12/2018 07:42

Legally the notice period is 1 week at this stage. It doesn’t matter what it says in the contract because the legal statutory notice period trumps that. And Legallly she is entitled to statutory annual leave. You can’t have a contract that is less than the legal minimum, that’s unlawful and would be disregarded.
If she had to take this as far as an employment tribunal, it would cost her nothing to do so, although for the amount of money involved I seriously doubt any employer, esp a national company, want the bother, they will most likely just pay her the weeks pay they legally owe her, and probably after they get a call from ACAS when they realise they won’t get away with this.