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Original poster

Leaving work advice please

16 replies

BaronessOrczy · 23/05/2011 10:19

I have posted this in Chat but was advised to post here as well - apologies for the double post!

I have handed in my notice, had to do 3 months contractually.

Work have asked me to leave early, 2 weeks shy of the actual contract date (no issues with work and both sides wish to leave on good terms).

I agreed but reiterated several times that I had expected to work my full notice and needed the money.

When I had the confirmation on email about the leaving date I emailed my line manager to ask about pay for the rest of the contract as I assumed that as I am leaving early at their request, they would pay me for the remaining 2 weeks.

No answer to email. I then forwarded it to HR and they advised that no, they would not be paying me the 2 weeks. I have never heard of this before and have not had it at previous companies.

Cue a shennanigans backwards and forwards between me and my line manager on Friday (all good natured but I feel like they are taking the michael)

He has apologised for any misunderstanding. I said it was on both sides. I did not apologise.

However, I could deal with just being pissed off and [grr] BUT - the very few people I have spoken to about it this weekend are all horrified and have said they have to pay me.

Should I push it? Or leave it? Who is right?

TIA

OP posts:

Original poster

BaronessOrczy · 23/05/2011 10:29

Oh, and HR said 'Typically if you mutually agree an earlier end date, then that is the date that you would be paid up until'

Any advice would be great, thank you

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FruStefanLindman · 23/05/2011 10:53

I've posted on your thread in Chat too, but it strikes me that HR - and your line manager - are using a bit of a grey area to get out of paying you for the final two weeks.

As I said on the other thread, you may well have, eventually, mutually agreed an earlier final date, but your line manager should have made it absolutely clear to you that your final payment would be reduced due to the change in date. If he's admitted to a misunderstanding, then he knows that he didn't tell you that.

Original poster

BaronessOrczy · 23/05/2011 10:59

Thanks Fru, I've just replied to you on the other thread.

I'm so cross, I agree with you about the grey area.

2 weeks pay to them is nothing. To me, it's a lot. It just shows that I'm doing the right thing by leaving.

So... will ponder this some more and then fight it I think.

OP posts:

FruStefanLindman · 23/05/2011 11:15

I've read your other reply in Chat. So you have e mails about all of this.

I'm guessing that your line manager didn't really think about the final payment implications but then when you emailed HR, he probably got a rap over the knuckles from them - and they're now just trying to get out of the two weeks.

I suppose I should have asked/mentioned : do you belong to a union/have a union rep, if not you could contact ACAS or the CAB.

Maybe they're just trying it on but if you say you've spoken to your union rep/ACAS/taken legal advice they might back down.

Good luck

Original poster

BaronessOrczy · 23/05/2011 11:23

We don't have unions in my industry Fru, I could say I've taken legal advice but I haven't (unless you are a lawyer ) I will try CAB or ACAS.

Yes, I have emails on it - not many, but a couple. I will keep them.

Line manager and HR manager are on leave this week so I've a bit of time to sort out what to do.

It just feels intrinsically wrong, IYKWIM?

OP posts:

FruStefanLindman · 23/05/2011 11:29

Nope - not a lawyer
I'm sure ACAS and/or CAB are/is the way to go
At least you've got a bit of time this week, while they're away, to get professional advice on this

IKWYM - it just seems so unfair, and wrong.

Original poster

BaronessOrczy · 23/05/2011 11:39

I spoke to ACAS and they said to put my complaint in writing - they are unable to comment on it as it is not a formal complaint yet, and they can't be biased, but they said on what I'd told them they would advise a letter!

Then they have 2 weeks to respond.

If I'm unhappy with the response then I can take it further.

I basically have nothing to lose, but 'formalising' it makes me feel funny, I'm not the sort of person who does this. But it doesn't sit right with me at all.

I'm now using my work mobile to dial the CAB ha!

OP posts:

flowery · 23/05/2011 13:10

Well HR are right that if an early exit is mutually agreed of course pay goes up to the leaving date. If an early exit is imposed against the employees will then the employer will need to put them on garden leave for the time they don't want them in the office, or pay in lieu of missed notice.

The misunderstanding seems to be about whether you were told or asked to leave early.

Are you still at work now or have you already left?

Original poster

BaronessOrczy · 23/05/2011 13:16

I'm still at work.

I don't leave until the 10th.

I have sent an email to my boss saying I am unhappy that it wasn't made clear to me that by going at the date of their choice I would miss out on 2 weeks pay, and that ACAS have advised me to write to them, but I don't wish to go down that route (as, indeed, I don't)

I just feel it has all been rather underhand IYSWIM - I most certainly was not told that by accepting the earlier date you missed out on the pay. Noone I have spoken to has ever had this experience, and me questioning it in the first place was more of a technicality.

OP posts:

flowery · 23/05/2011 14:10

I would suggest writing back to your manager copying in HR saying you were under the impression that you were being told to leave early, ie that it was not optional, in which circumstances they would need to place you on garden leave or pay you in lieu of notice. Say you have now been made aware that it was in fact optional, and on that basis you withdraw your agreement to the proposed early leaving date and will be instead exercising your right to work your full notice as you are willing and able to do so.

Original poster

BaronessOrczy · 23/05/2011 15:03

Ah - but the thing is, I can't now do that, I have made arrangements and appointments for the 2 weeks (am starting up my own company - which they know about - and need to have various meetings). I would happily have worked my full notice had I known. But I didn't. And now it's too late.

I will use your words when they come back to me with a no, bugger off email though, thank you! It makes it sound so much better, more official.

OP posts:

flowery · 23/05/2011 15:25

I imagine you will struggle to get them to pay you if you are not available to work, and there will be no point suing them for breach of contract or anything.

Original poster

BaronessOrczy · 24/05/2011 09:11

I have had an email from the HR Director this morning asking for my side of the story - I'll see what she comes back with but I did use your advice, thank you!

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higgle · 24/05/2011 09:36

You can't have your cake and eat it - i.e. not be available for work for 2 weeks but want to be paid for it. A friend of mine was put on gardening leave after she handed in her notice to go to work in a different sector. It was made quite clear to her that if they found out she was doing other work during this period she would not be paid.

flowery · 24/05/2011 10:38

Something the HR Director may well say is that if they intended to pay you anyway and just didn't want you to come into work, they wouldn't have needed to ask you to agree in the first place.

You should also be prepared that if you insist you felt you were being told rather than asked and had no choice, they may agree to pay you but may insist you work it.

Original poster

BaronessOrczy · 24/05/2011 12:58

I agree Higgle, but it's the principle of the thing which I've got issues with. It should have been made clear.

That is true Flowery, she's asked if I'm being paid for what I'm doing, which I'm not, so we'll see.

If I have to back down I will, but I wanted to make the point.

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