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Can my work do this

28 replies

Chattylass · 06/11/2019 18:12

Hi everyone. I wonder if someone knows anything about the situation my husband is with his work.

He is a food and beverage manager at a hotel. He started working there 3.5 months ago. He absoloutly hates it and has found employment else where.

The problem i have is i don't understand if the email he recieved is potentially ripping him off. Both of us have been self employed all our working lives until my husband got this job so this is why we are confused.

My husband's contract says 1 months notice. He had 11.6 days holidays and worked 1 week in hand. He is on a salary of 18.5k. 40 hour contract.

His manager has emailed him to say.. taking into account his notice of 1 month and his outstanding holiday entitlement we would propose that your last working day would be 10.11.2019. Your holiday entitlement would cover the remainder of his holidays.

Depending on his hours that he works this weekand his necessary balancing payment his last day would be 11.11.2019 altho he isn't required to work the 11.11.2019.

His final payment would be this month that he would have been paid if he hadn't of told them he was leaving.

So does this offer mean his holiday pay and his week in hand wouldn't be paid as this is instead of working his notice ?

Sorry if this is a stupid question as we have both always been self employed.

OP posts:
JenniferM1989 · 07/11/2019 18:36

If he gets paid on the 15th of the month and is on a salary, there shouldn't be a cut off. However, if he's on a salary that gives him overtime as well, there would be a cut off so they can put the overtime in. So his cut off would be the 8th of the month for example.

So he worked the 8th of October to the the 8th of November with no holidays or days off I assume? This means he gets his full pay on the 15th of November. Then he needs to get paid 2 days, the 9th and 10th of November and 11 days holidays on the 15th of December.

They are screwing him over I'm afraid. He has to work up until the 10th of November but the cut off is the 8th yet he's just going to get his full salary on the 15th which is bullshit. He needs to be getting paid the 2 days of work and the 11 days holidays on the 15th of November pay if it's final pay but considering the cut off is the 8th, they should pay the 2 days work and 11 days holidays on the 15th of December

JenniferM1989 · 07/11/2019 18:40

He needs to reply and say hang on, if I'm working until the 10th of November, I have worked a full month 8th to 8th to entitle me to a full months pay on the 15th of November as stated. However, I have 11 days holidays to be paid for and I'll have worked 2 days after the cut off so I should be getting 13 days pay on the 15th of December as well. Just because he is using up holidays to work his notice, it doesn't mean he doesn't get paid for them!

DivisionBelles · 07/11/2019 18:57

If he is indeed salaried as you say, then 18.5k works out as a take home pay of £1342.99 (assuming no pension or student loan deductions) so if he's getting more than that each month then he's either hourly paid, or salaried but paid overtime too. What does his contract say?

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