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How does pay work?

22 replies

AbsolutelyCrushed · 04/08/2014 12:35

On Friday, I was given my notice. Sort-of.

Infact, I was told that there is no future for me here, and that if it was up to my manager I wouldn't have been hired. He advised me to look for something else. He told me he'd be flexible with regards to interviews and finish dates, if I handle this smoothly.

He didn't actually give me my notice in writing, though, and I haven't had it today either.

So where do I stand with regards to pay? I'm paid at the end of the month, so I've just been paid. If I leave in a fortnight, would I just be paid for 2 weeks? Or would I be paid for my notice period too?

OP posts:
Picturesinthefirelight · 04/08/2014 12:44

What is your notice period?

If your notice is 2 weeks & you work for just two weeks longer that is what you will be paid for.

FuckYouChrisAndThatHorse · 04/08/2014 12:48

You should be paid what you work this month plus/less any holidays owed or owing.

Holidays depend on when your holiday year runs from (so how many you've accrued to date this year) less any you've taken so far. Can you speak to someone in payroll?

AbsolutelyCrushed · 04/08/2014 12:53

Notice period is a month, but I haven't actually been given notice. That's why I'm confused!

Payroll don't seem to know, really, but they've said that they'll get back to me.

Essentially, I suppose I'm being managed out. So I haven't been given my notice, but I have been told to look for something new. I know that if I gave my notice, I'd be paid for a month and then leave, and that would be it. But if I leave in a fortnight, to make things more convenient for all parties, would they owe me the other two weeks of my notice?

I'm guessing not, from the replies, but I wanted to check.

OP posts:
Middleagedmotheroftwo · 04/08/2014 12:56

You've been given notice (ask him to confirm it in writing with an effective date). Let's assume your'e on 1 month notice, as that's what most people are on.

You could either leave straight away, and be paid for the month without working it, or work the month out and be paid in the usual way.

If you work a fraction of the month before leaving, you'll be paid on a pro-rata basis for that month.

Say you have 24 days hol per calendar year (Jan - Aug). that equates to 2 days per month. If, at the beginning of Aug, you've already taken more than 14 days (7x2), the holiday pay for the extra days will be taken off your final pay.
If you haven't taken all the days you'd accrued to the end of July (14), then you would be paid for the holiday days you haven't yet taken.

Your contract should tell you whether or not you have to work a full month to accrue holiday days for that month.

AbsolutelyCrushed · 04/08/2014 12:59

Thanks middleaged!

So I don't need to be physically in work to be paid for this month?

The stress is getting to me today. My boss won't come into the room that I'm in, so I'm having to work in the public area so that he can do his normal job. He was due to have a meeting here an hour or so ago, and moved it so that he didn't need to see me. Nobody here knows yet, but he's making it very obvious that something is wrong.

OP posts:
AbsolutelyCrushed · 04/08/2014 12:59

Thanks middleaged!

So I don't need to be physically in work to be paid for this month?

The stress is getting to me today. My boss won't come into the room that I'm in, so I'm having to work in the public area so that he can do his normal job. He was due to have a meeting here an hour or so ago, and moved it so that he didn't need to see me. Nobody here knows yet, but he's making it very obvious that something is wrong.

OP posts:
flowery · 04/08/2014 13:29

"You could either leave straight away, and be paid for the month without working it, or work the month out and be paid in the usual way."

Why on earth would the OP be paid for the month if she left straightaway and didn't work it?

OP at the moment you haven't been given notice. It sounds as though your boss has advised you to look for something else rather than giving you one month's notice because he'd prefer (feel less guilty perhaps?) if you left with something else to go to.

if he gives you a months notice, either now or when he gets fed up waiting for you to get another job and resign, you will need to work that month unless he either puts you on garden leave or pays you in lieu of notice.

if you resign, the same applies.

if you want to leave early, then you can ask to be released earlier than a month, but basically if you don't work all your notice you are not entitled to be paid it, unless it's because your boss has put you on garden leave or opted to pay you in lieu.

Sounds to me as though you need a further conversation with your boss to clarify whether he intends to formally give you notice to leave or intends to wait until you've found something else and resign.

AbsolutelyCrushed · 04/08/2014 15:20

Thanks Flowery.

I had another chat with my boss, who has said that he hopes he didn't ruin my weekend too much, and asked for a plan of action moving forward. He seems to think that I am on two-months, rather than the one in my contract, but said that we can work to 2/4 weeks. Then he said he'd need to check what I got paid for.

Still no paper notice, though. And still feeling utterly crushed.

OP posts:
Middleagedmotheroftwo · 04/08/2014 15:25

Most people wouldn't work their notice. Employers still have to pay it though. But it would be pointless carrying on employing people who were about to leave under those circumstances - they wouldn't exactly do a lot of work, would they.

However, when I was made redundant, I was paid a bonus for working up to the end of my 3 month notice period.

FuckYouChrisAndThatHorse · 04/08/2014 15:43

Middleaged, that would only apply where the company says they don't have to work their notice, not where the employee decides not to.

If op decides to just leave without being told in writing that she doesn't have to work her notice and that it will be paid, then the company has no obligation to pay anything.

Lots of companies prefer "gardening leave" for fear of lack of productivity and sabotage, but that's up to the company.

thetoysarealiveitellthee · 04/08/2014 15:47

Bad advice above - Employers dont have to pay the notice if you don't work it (and why should they??) unless its agreed first, or if they dismiss you with PILON

So if you are on 2 months notice, you only work 2 weeks of it, you will only be paid for the two weeks plus / minus any holidays owed / owing

Pastperfect · 04/08/2014 15:53

The confusion on this thread appears to be that many employers do give notice, agree to the employee not being in the office and so pay them.

It's not all together clear what your boss wants, by he is clearly feeling awkward so I would use this to you advantage and have a conversation along lines of: I gather you want my last day to be 5 September and I expect to be paid until then but perhaps to alleviate any awkwardness my last day in office could be tomorrow.

Nerf · 04/08/2014 15:56

wtf is going on though? I feel really sorry for you , is there no way of staying? Is your manager allowed to just tell you such shitty things? I'm so sorry you must be feeling really bad.

flowery · 04/08/2014 16:27

Stand your ground OP. What does "we can work to 2/4 weeks mean?"

Your notice period starts when you receive written confirmation of termination of your contract, and you are entitled to every penny of that notice period as long as you are willing and able to work it.

WipsGlitter · 04/08/2014 17:17

Aside from all this... He won't be in the same room? Has moved you to a public space?? He sounds like a twerp!

Nerf · 04/08/2014 17:27

Yes glitter that's exactly what I'm saying - this is terrible treatment . How gracious to say they can be flexible when the manager says OP should never have been hired.

SnookyPooky · 04/08/2014 18:22

I was pushed/managed out of my last job. It's shit.I'm not in UK and my boss was a twat. I gave 4 weeks notice to finish on 13th June but he found a replacement pretty quickly so I left on 30th May.
I got my salary for May plus 2 weeks pay up to 13th June.

I was lucky that he paid the extra two weeks, employment law here for foreigners is a joke.
I am still fighting for my holiday pay though.

Jinsei · 04/08/2014 18:44

OP, how long have you been in your current role and what has led up to this situation? You seem resigned to your boss's decision - do you feel that he has good reason to sack you?

flowery · 04/08/2014 19:49

She's only been there a few months Jinsei, she's had another thread elsewhere on the site :)

Jinsei · 04/08/2014 20:34

Oh ok flowery, hadn't seen the other thread. I guess there's not much she can do then. :(

flowery · 04/08/2014 22:16

Not a lot, no :( But she can and should make sure she gets paid her full notice at least, unless she herself asks to leave early.

Jinsei · 04/08/2014 22:21

Yes indeed. Seems pretty spineless that the boss hasn't given her proper written notice and yet he apparently can't even stand to be in the same room as her! Confused

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