Employer Breach of Contract after Resignation/Unpaid Notice Period and Commission

[malala1977]

Good evening,

Please could someone advise on this. I handed in my notice on my payday in July 2014 (intentionally as my Employer has a history of not paying employees final salary after they've handed in notice). As I was on holiday at the time I handed in my notice, I requested in my notice letter if there possibility that my employee could release me at an earlier date as I hoping to commence employment with my new company sooner than my notice period would end. Whilst on holiday I received confirmation of my employer accepting my resignation and informing me that I would be able to discuss an earlier leaving date when I returned from my holiday.

I returned to work on my planned date only to find that all my colleagues had been informed that I had left the company and was not returning, furthermore I no longer had a desk to sit at in order to conduct my daily work as they had reallocated my desk to a colleague. Having arrived at work as usual at 08:30 a.m. I was informed that my manager would be arriving at 11:30 a.m. in order to advise me on the situation. I was made to stand and wait from 08:30 a.m. until 13:15 p.m. when I eventually realised that the manager would not be coming. I was left with no choice but to arrange transportation home. Whilst waiting for the manager I was informed by my colleagues that my manager has distributed my pending sales deals between my colleagues. I received my final salary in September without pay for my notice period as well as no commission which was due to me for the month of July. I requested a complete breakdown of my final salary which my employer has not provided. I also expressed my opinion on the way in which I was treated and they told me that I chose to walk out and that whilst what I consider to be my "normal" desk was occupied by someone else there was a desk available for me to sit at. However, nobody informed me of this on the day.

I have been in touch with ACAS and my Employer has refused to discuss the matter with them so am now filing with Tribunal.

Please advise if my employer is in breach of anything here? I am happy to give further details should you require.

Best!

[Johnboy007]

Re: Employer Breach of Contract after Resignation/Unpaid Notice Period and Commission

You say you handed your notice in, in a letter?
Could you post a copy of this, leaving out your personal details.
The confirmation from your employer concerning resignation and a discussion on earlier leaving date, did you get this in writing?
Your employers refusal to discuss this with ACAS, could backfire on them with the Tribunal.
Pay rights during your notice period

You must give your employer 1 week’s notice if you want to leave your job and you’ve worked for them for 1 month or more. You’re usually entitled to normal pay for things like sick leave during your notice period.

Check your employment contract to see if you must give more than 1 week’s notice.
You can give notice verbally or in writing, although it’s advisable to hand in a resignation letter.

You’re entitled to your normal hourly pay rate during your notice period, as set out in your contract of employment, for any time that you’re:

• off sick
• on holiday
• temporarily laid off
• on maternity, paternity or adoption leave
• available to work but your employer doesn’t give you any

You’re not entitled to normal hourly rates during your notice period if you take part in strike action after giving notice.
You may be in breach of your contract if you don’t give enough notice, or give notice verbally when your employment contract says it should be given in writing.

[Johnboy007]

Re: Employer Breach of Contract after Resignation/Unpaid Notice Period and Commission

Duplicate post

[malala1977]

Re: Employer Breach of Contract after Resignation/Unpaid Notice Period and Commission

Thanks for your response. Please see employer response. I will upload my resignation letter now.

[malala1977]

Re: Employer Breach of Contract after Resignation/Unpaid Notice Period and Commission

My resignation was as follows:

28^th July 2014


Dear David
Re: Letter of Resignation Please accept this letter as my notice of resignation, effective from today the 28^th July 2014. I am grateful for the opportunities and experience I have gained at ???? however, after much consideration I have decided to accept a position with another company. I would be grateful if I could be released from employment on the 15^th August 2014 and will hopefully be able to discuss this with you on my return from holiday. I trust that all my outstanding commission and salary will be paid accordingly. Thank you for the opportunity to work with you and I wish the company every success in the future. Yours sincerely

[malala1977]

Re: Employer Breach of Contract after Resignation/Unpaid Notice Period and Commission

Duplicate post

[Johnboy007]

Re: Employer Breach of Contract after Resignation/Unpaid Notice Period and Commission

Hi,
Was there any difference between your normal basic salary and commission, which would allow the employer to claim money back from you?
Also if you left earlier than your notice period, then the guaranteed £2000.00 would not be payable.