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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:
wowfudge · 08/12/2018 08:39

Some of the views and "advice" on this thread are astonishing. There's no way this company will let it get to tribunal because the costs to them will far outweigh paying the OP what she is owed. The behaviour of the person who sent her the email at the last minute on the Friday was clearly designed to give the OP no right to reply and to put her on the back foot. Luckily she has the email.

Get advice from ACAS if you can and write a letter setting out factually what happened - keep emotion out of it, but I think you know that already OP - what was actually agreed and what you expect to happen now.

My guess is that the manager you dealt with is embarrassed and is trying to save face with their bosses in the company. It's probably not the first time someone has quit the department after only a short time.

policeandthieves · 08/12/2018 08:48

Legally you are probably owed the weeks pay but actually you messed them around, worked a very short time (some of which is settling in time and may not be so productive)

I would just see if you get it next month and if you do great and if not just suck it up

wowfudge · 08/12/2018 08:59

Given the letter they've sent her, it's unlikely they'll pay her next month without her kicking up a stink.

Alfie190 · 08/12/2018 09:15

I would absolutely pursue it. OP cannot claim unfair dismissal, but can claim wrongful dismissal as they breached the contract. There would be no legal fees for OP as there is no charge for employment tribunal. The costs would only be to the company in terms of their time and expense in preparing for it. I would be very surprised if they did not back down beforehand.

If it went to tribunal, very, very unlikely that the company would win. To win they would need to provide evidence that OP agreed to waive the notice period, which they would not be able to do as she did not.

Balaboosteh · 08/12/2018 09:29

This making it feel like you’ve been sacked when you’ve handed in notice - it’s happened to me a couple of times too. You should get your pay though, unless you were still in probationary period or something.

Aaaahfuck · 08/12/2018 09:33

Most contacts require a week on both sides in the probation period. I would check your contract and follow it up it's a bit cheeky of them tbh.

Aaaahfuck · 08/12/2018 09:35

I don't really think you did mess them around. A probationary period is to decide if its a good fit for both sides.

Original poster
SushiRolll · 08/12/2018 10:01

Thanks everyone.

Balaboosteh Aaaahfuck

I was in probation. However my contract states that either party is required to give a week's notice when in the probationary period which I did. It goes up to 3 months notice when you are out of probation. I gave my new job a start date factoring in a week because I knew that legally I was required to give my old employer a week which meant I was essentially, through no choice of mine, out of work for a week.

As up thread, they have now sent me a letter essentially admitting that they know my contractual notice period is a week but they haven't paid me for it because I 'agreed' for them not to which is completely untrue.

I've shown the email they sent me to a friend who is a partner at the law firm I worked at for 6 years previously (still on great terms). She said to her they have worded it to look as though they are putting me on garden leave but of course I know now that isn't what they did.

Clearly I would have been better off ignoring my contract and just walking out and going straight into the new job but that would have been unprofessional of me!

OP posts:
Original poster
SushiRolll · 08/12/2018 10:24

TheSilentLamb

It's the time of year which is making it incredibly difficult, it's nearly Christmas and we have two children to buy for who are only interested in game consoles and other expensive gadgets. I now have £200.00 to last me until the end of the month because I lost a week's pay for doing what I'm legally entitled to do (changing jobs).

OP posts:
harriethoyle · 08/12/2018 10:37

@sushirolll am going to PM you

AngelinaNeurosurgeon · 08/12/2018 10:43

Sadly OP it doesn’t surprise me at all that this is a law firm bullying you out of your legal rights. I’ve seen abuses of employees’ rights by legal bosses often before.
I hope you succeed in getting what is contractually yours, and sooner rather than later.

Original poster
SushiRolll · 08/12/2018 10:56

Thank you, you're all so helpful and knowledgeable.

I can see how they get away with this if someone doesn't know their rights/who to speak to.

They are a big, well known company and so I imagine it's quite daunting for people to question them.

OP posts:
Polarbearflavour · 08/12/2018 11:13

Some odd people commenting here. Having to put a job of two weeks on your CV by law...hahahahaha Xmas Grin

How dare you leave a job OP and inconvenience a high and mighty employer!

It’s a job. Any employer would get rid of you if they had to, especially in a probationary period. In a couple of months they won’t even remember OP.

AutumnB · 08/12/2018 17:33

No way have you been unprofessional OP. I'm Hmm at the posters who think you should forfeit your week's pay because you 'messed' them around. Companies don't think twice of giving someone their notice if they are not right for the role. They wouldn't feel guilty about it and give you extra pay for it so why should you?

The contractual notice period is there for a reason. They haven't kept to the contract. Please keep pursuing it OP.

Butcowsdontgetmarried · 08/12/2018 17:56

All you need to do is ring ACAS and they will ring the company’s HRor legal dept. At our place they have a named contact in legal!
Anyone in the company with half a brain will say “just pay her the balance” it’s a lot of money to the OP, but small beans to a big company who will not want the hassle of a claim.

Butcowsdontgetmarried · 08/12/2018 17:57

HR and employment lawyers are kept in business by these kinds of managers who think their moral judgement is better than the law.

Original poster
SushiRolll · 08/12/2018 21:33

Thank you! You're all giving me the motivation to definitely take it further!

OP posts:
Original poster
SushiRolll · 10/12/2018 12:17

Hi again all,

I'm looking at the ACAS website today. Those of you that have used it before, do I call them and see what they say or do I submit an early conciliation form from their website?

OP posts:
Butcowsdontgetmarried · 10/12/2018 15:49

Just call them and discuss it with them, they’re helpful and knowledgable

Eilaianne · 10/12/2018 16:00

Just give them a ring, OP - 0300 123 1100 (they're open to 6pm tonight). That way you can get the ball rolling. Good luck - let us know the outcome - they're obviously expecting to just be able to bully employees into not bothering to pursue this sort of crap!

ToEarlyForDecorations · 10/12/2018 16:02

Pursue it.

I think, 'as discussed' means they discussed with HR or anyone but you.

You might need them for a reference in the future, or maybe not as it was such a short space in time. I know I've 'air brushed' my CV here and there.

However, get an agreement on what your reason for leaving is on your HR/Personnel file. Presently it might look as if they fired you.

I once saw an employee get fired just two days before her long term temporary booking finished. OK, she had been unreliable but management were determined to have their way (and look petty as well.) I know this is not relevant in your case.

All it really is now, would you agree, is a sum of money ? Just your last week's pay from what should have been your notice period.

They are coming across as petty. It seems like a knee jerk reaction to you leaving so soon after starting your job there, even though there are circumstances.

Original poster
SushiRolll · 10/12/2018 17:21

Right, I have called them! They said from the sounds of it, it was fair of me to assume they were placing me on garden leave and as such they believe I am due the money.

They have given me a letter to send to them recording delivery giving them 7 days to pay or they will help me to take it further.

They said the letter they sent me is good because they have essentially admitted they were aware I was due a notice period.

OP posts:
Coppermine · 11/12/2018 00:51

Excellent news sushi. Please keep us posted. I had to use ACAS for early conciliation case and was so pleased I went to the effort to see it through, over principle more than anything (mine was redundancry whilst pregnant related - they kept my mat cover on!).

Alfie190 · 11/12/2018 00:56

Excellent.

European12345 · 11/12/2018 09:31

Good luck! hope they pay you soon what you're owed!

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