Resignation and Notice Pay

[PhilipGold]

Hi everyone, I'm new here and could really do with some urgent employment advice.

I recently resigned from my job to join a direct competitor. Prior to handing in my notice I had a meeting with the company Legal Secretary (4th December) to inform him of my intentions and to ensure that as part of the 30 day notice period in my contract that I still got paid for my final month, because as I was joining a competitor I had a feeling I may be put on gardening leave. He confirmed that yes that would be the case I would be paid for the duration of my notice period, which is 30 days.

The following day feeling reassured I had a meeting with my Line Manager (5th December) and informed him of my intentions and before making it official asked him the same question. Will I receive my final month's notice pay? Yes, of course you will he told me. So, by now I felt sure of the fact and comfortable to proceed.

The following Monday (8th December) I then had a meeting with my Line Manager's Manager and once again the company's Legal Secretary to make my notice finalised. In this meeting they informed me of 2 choices. I could leave immediately and paid until December 12th or I could attend the office everyday until December 31st but have to stay in reception the entire time as they did not want me in the office as I was joining a competitor. You can imagine my shock, because I'd already checked with my Manager and the Legal Secretary prior to this meeting to ensure I would be paid.

So, for the next 18 days I would have to attend the office every day but not be allowed in. Surely that's a violation of my Human Rights? It would have been humiliating. Sitting in a chair doing noting for 8 hours a day. Not even access to the kitchen. They said well you must choose one or the other because we aren't paying you a full month to do nothing (even though they would be but I felt they wanted to humiliate and distress me). But, they would not let me in the office. That was their choice because I was joining a competitor. I would have happily worked my notice. But they would not let me. I also raised it with the Legal Secretary referring him to our meeting on December 4th whereby I had raised this query and he had confirmed I'd receive my full final month's pay. He then denied ever saying this.

I had no representation, no time to think, was in total shock and agreed under duress I feel to leaving immediately with pay until the 12th.

Where do I stand on this? I feel I have been totally deceived. All urgent advice is very much appreciated.

Many thanks.

[stevemLS]

Re: Resignation and Notice Pay

I fully understand how distressing this is, but leave Human Rights out of it.

I am sure others will be along to give you better advice, although it is pretty late tonight.

With best wishes.

[teaboy2]

Re: Resignation and Notice Pay

To be honest am a little confused as to why you didn't ask this the day your employer gave you the options. The 8th of December was last Monday, so why eave it till now when the 12th December has already been and gone?

As for paying you just till the 12th december, well are you on monthly pay or weekly pay. Is there anything in your contract of employment about payment in lieu of your notice, i,e. where your paid your notice even though your employer has told you you do not need to work your notice?

Are you doing any work at all whilst in the reception area? Or just sat their twiddling your thumbs so to speak? If yes then take alook at section 88 of the employment rights act 1996 that i have attached and highlighted for you the relevant parts!

Did you work a week/month in hand at the start of your employment? If so are you being paid for that, or have they refused to pay that as well?

Do you have any holiday entitlement left, that you can use over the next 2 weeks?

88 Employments with normal working hours.

(1)If an employee has normal working hours under the contract of employment in force during the period of notice and during any part of those normal working hours—

(a)the employee is ready and willing to work but no work is provided for him by his employer,

(b)the employee is incapable of work because of sickness or injury,

(c)the employee is absent from work wholly or partly because of pregnancy or childbirth [F1 or on [F2adoption leave, [F3ordinary or additional paternity leave]F3 or paternity leaveF2]], or

(d)the employee is absent from work in accordance with the terms of his employment relating to holidays,

the employer is liable to pay the employee for the part of normal working hours covered by any of paragraphs (a), (b), (c) and (d) a sum not less than the amount of remuneration for that part of normal working hours calculated at the average hourly rate of remuneration produced by dividing a week’s pay by the number of normal working hours.

(2)Any payments made to the employee by his employer in respect of the relevant part of the period of notice (whether by way of sick pay, statutory sick pay, maternity pay, statutory maternity pay, [F4paternity pay, [F5ordinary statutory paternity pay, additional statutory paternity pay]F5 , adoption pay, statutory adoption pay,]F4 holiday pay or otherwise) go towards meeting the employer’s liability under this section.

(3)Where notice was given by the employee, the employer’s liability under this section does not arise unless and until the employee leaves the service of the employer in pursuance of the notice.

The above makes clear that the employer must pay you your notice if your willing and able to work even if the employer has no work for you.

Question is, as you now only have 2 weeks left. You need to consider that any action you take is likely to be stressful and cause conflict with the employer, yes your entitled to be paid your notice, if your willing to work it and your employer has no work for you, yes expecting you to sit in reception all day doing nothing, in full view of other employees and public/visitors, is unacceptable behavior on your employers part and as its a result of you resigning (enforcing a statutory right) then you are being treated less favorably for enforcing your right to resign hence victimization. But any action you take in the legal sense will be long and drawn out, and not worth the hassle in my option since you only have 2 weeks left.

You would probably be better off contacting ACAS than issuing a grievance, as by time the grievance is investigated, meeting held etc etc, the 2 weeks will have been and gone. Plus acas can contact your employer directly, which may spook the employer in to allowing you to spend your notice on gardening leave.