pay query!

[mjatmjat]

Hi, Please advise!

My partner has recently left his employer after 25yrs. He received his salary and the HR Dept are asking him for £300 pounds back. They state that he is in breach of his employment contract because he only worked a weeks notice and it should have been a month. However when he told his manager he was leaving he asked if he was going to finish that day, my partner said no he would finish out the week. At no point did his manager say he needed to work a months notice. my partner has his contract of employment at home and never signed it or returned it and was never asked for it to be returned. Does he have to pay the deficit they are asking him for? thank you! Jo

[ULA]

Re: pay query!

Hi.

If your partner's contract is silent, the statutory minimum period of notice which must be given by an employee is at least one week's notice if employed continuously for one month or more by that employer. This minimum is unaffected by longer service.

In regard to the contract of employment it does not need to be signed for it to be a binding agreement as acceptance of its terms can be either verbal or implied through conduct. If your partner has acted in accordance with other aspects of the contract during his 25 year service then it would be very hard for him to argue he should not be required to give the notice detailed in his contract if this was more than the statutory minimum.

The only counter that he may be able to go back to the HR department is the conversation with his manager that said he had to finish the week therefore implying he only had to give a week's notice, assuming his manager had the authority to make such a decision.

Did your partner put his resignation in writing? Was there any formal acknowledgment of this letter giving details of his last working day and arrangements for payment of final monies?

[ostell]

Re: pay query!

So what does the £300 represent?

[ULA]

Re: pay query!

I would suggest he goes back to the HR dept and ask them to details how they reached the £300 figure then you will know how they have calculated this.

What does his contract say was the notice he had to give - did it confirm one month?

[mjatmjat]

Re: pay query!

I would suggest he goes back to the HR dept and ask them to details how they reached the £300 figure then you will know how they have calculated this.

What does his contract say was the notice he had to give - did it confirm one month?

His contract says one month but he didn't sign or return it. His manager asked him if he wanted to leave the same day he told him he was leaving, but my partner said no I will finish the week out. At no point did his manager say he had to work a months notice. Thanks!

[mjatmjat]

Re: pay query!

His contract says one month but he didn't sign or return it. His manager asked him if he wanted to leave the same day he told him he was leaving, but my partner said no I will finish the week out. At no point did his manager say he had to work a months notice. Thanks!

[ULA]

Re: pay query!

The fact the contract was not signed or returned does not mean he does not have to provide a months notice - acceptance of its terms can be either verbal or implied through conduct which he has done over 25 years.

He needs to go back to the HR department by email or in writing so there is a documented trail of correspondence asking for an explanation of the £300 deduction from wages and detailing the conversation with the manager, particularly in regard to this point - "His manager asked him if he wanted to leave the same day he told him he was leaving, but my partner said no I will finish the week out. At no point did his manager say he had to work a months notice."

His point would be that by his manager saying he could leave the same day, the company was waiving its contractual right to require one months notice, and that during the week he did work whilst on notice he was not informed by the company that he did in fact have to work his full notice period.

I presume from what you have said about the events your partner did not provide his resignation in writing?