Am I Legally Entitled to Notice Pay?

[TheCootMan]

Hi everyone, looking for some advice please!

I’ve recently left my job of 3 months at a very large national UK company and approached my manager to hand in my 1 weeks notice before my shift. It was accepted and I was advised that I ‘didn’t need to stick around’ and that I would be paid my 7 days notice and went home immediately on good terms.

I handed my notice in on the 18th September, which would mean my ‘garden leave’ period would end on the 25th.

I received a letter a few days later from head office outlining that my last day of working was the 15th (technically, it was the last day I worked if we’re not counting the day I left) but no mention was made of the garden leave dates.

I emailed their HR department almost a week ago for clarification and have had no response, they do not have a telephone number to speak to them directly. I have just checked my HMRC portal and by the looks of the upcoming pay I’ll receive on the last working day of this month, I’ve only been paid until the 15th and not the notice period week up to the 25th.

Am I entitled in any way shape or form legally to this week of notice pay? I was more than prepared to work but was told it was not required and that I would be paid for it regardless.

Thanks in advance, any advice is very much appreciated.

Cheers

[Sam101]

I believe that this would depend on your contract of employment. Get in touch with your HR department again, or speak with the person who dealt with you when you left.

[ULA]

If you have worked for your employer for more than a month then you have to give one weeks notice or what is required by your contract of employment whichever is the greater.

If you have been told that you are not required to work your notice then you should be paid for it instead what is known as "pay in lieu of notice".

I would suggest is that you email them setting out that you handed in your notice on 18th September your manager advised that you did not have to work your notice, however you are entitled to payment in lieu of the notice period you are required to provide. State that if your notice period is not paid then you will consider it to be an unlawful deductions of wages.

Just also a question have you taken any holiday in the time you have worked for them? If you not you will also potentially be entitled to any accrued but untaken holiday pay.

[atticus]

I suspect that HR/Payroll have been told what your last day was without being told the full story of your conversation with your manager.