Pay in lieu of notice? help please

[MABS]

Very briefly, disabled ds had major surgery in Sept and my boss/co owner agreed for me to work reduced hours from then until Dec when he is back at school. Normally i manage the office on 27 hours per week, that is what contract says. Had worked there nearly 6 years with perfect good track record.

After lots of difficult behaviour from boss/owner of co,snide comments, unnecessary pressure etc i finally gave in and resigned last Thurs. I was at end of my tether. Boss now wants to pay me my notice, says i don't haveto work it, sales role so not unexpected, but says she is going to pay me at lower rate, ie 15 hours per week instead of 27 for notice period.

To be honest, I am at end of tether with ds so no real energy to fight, but is this correct? Also she says she will write me a reference after I have accepted writing the lower figure she wants to pay me in lieu of notice.

Any comments? thanks so much

Well, you are entitled to be paid what you would have earned if you had worked out your notice. If you had worked out your notice, presumably you'd have been paid at 15 hours?

Do you want to explore the wider issues about how you have been treated, or just get that question sorted?

Thanks Ribena, If i had worked my notice i was working on the basis of doing what hours I could each week,and telling her weekly. might have been 14, 16, 20 or even 27, she doesn't know that, nor do I really, week to week basis.

Does she not have to pay me my contractual hours as she told me not to work the notice period?

The other issues scare me to be honest, everyone around me is saying constructive dismissal :(

The trouble is if you were literally telling her how many hours you were going to work each week, you could presumably claim you were planning to work 27 hours each week throughout your notice period. The problem with that is she may then decide she does in fact require you to work it, and presumably you'd rather not?

How about working out an average number of hours you've worked per week over the last 6 weeks or whatever, and using that as a compromise?

Did you raise any kind of grievance about your issues?

very difficult, she not in country,doesn't live here, and is odd woman!

If she wants me to work 27 hours per week for the notice, i am happy to do it, said that. dh has said he will take time off. But she won't want me to go in office i know as my team are v distressed by what she has done,but of course need their jobs so have to keep quiet.

You agreed 15 hours as a flexible working arrangement until dec to help with your sons needs so it would be a bit cheeky to expect payment for more than 15 hours!

no, i agreed to work the hours i could each week until xmas, some weeks were 14, some 19 so far.

So does what's written in a contract not count for anything really in law? that is what i am trying to establish. Many thanks

I think you are really lucky then .... What a nice boss! No idea about the legal situation on what you should be paid in lieu though sorry.

Perhaps Ribena and I were not clear? You are legally entitled to be paid for your notice period on the basis of whatever you would have earned during that period. At present, given you had requested reduced hours until December, and these hours were to date either 14 or 19 a week, your boss currently has no reason to believe you would have worked 27 hours any week during your notice period. Your reduced hours were a verbal variation of your contract.

If the arrangement with your boss was that you could revert to your original hours whenever you like, then yes you can say to your boss that actually you were planning to start working 27 hours a week each week from now. She probably won't believe you though.

no , she is not a nice boss I assure you.

Thanks for your thoughts, just spoke to acas and business link, they both said that i am legally entitled to be paid my contracted hours for notice period if company have told me not to work it.