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To cut a very (year) long story short...
• Wife handed her notice in last Thursday (in writing and by text as boss wasn't in office).
• Boss turned in late last Friday and basically said she didn't want her in the office during the notice period and it was best she went now.
• Wife returned laptop, phone and uniform this morning and boss told her she was relinquished her of her notice period and she wouldn't be paying her for December.
...so - I presume there's nothing we can do until normal payday arrives at end of month and the money doesn't turn up, but is there a pre-emptive letter we could write?
What’s in your wife’s Contract? That’s what both parties should be sticking to. If she has a Contracted notice period without an option to relinquish then her Employer is breaking employment law.
1 months notice either way.
What does her contract say ?
How long as your wife been employed there?
(IMNAL)
How long as your wife been employed there?
2yrs 9 months
So theyve given her more commonly known as Gardening Leave. If a 4 week notice either way - shes held up her part of the contract - and theyve told her to go right now. IMHO she should be paid
(Based on i once put my notice in, they told me to go now, and they paid my notice)
https://www.acas.org.uk/notice-periods/when-an-employee-is-not-required-to-work-their-notice
Contact them for a chat to clarify her position, very helpful people.
I'd be surprised if boss had a leg to stand on.
We know what she should legally do - and my wife is phoning our home insurance legal advice line this afternoon to clarify.
There's been a year's worth of shit and empty promises. My wife told her 8 months ago if 'x' situation wasn't sorted she'd be leaving by the end of the year. And 'x' hasn't been sorted and shows no sign of being sorted.
Fortunately she's got a job to go to in January hence the resignation, and we can manage money wise. It's the principal and retribution now!
Is it a big enough organisation to have an HR department? HR are not interested in staff, just their duty to protect the company. However, in this instance, HR will see that they're being set up for a fall and will pay her notice (hopefully).
My current company seems to be run by HR, and not very well.
No HR department - her boss is HR!
No HR department – her boss is HR!
Makes no difference, unless the boss wants a tribunal she has to comply with employment law. The wife is / was proper cards in PAYE direct employee isn't she as in contracted minimum hours, holiday & possible sick leave, employer contributed pension?
The wife is / was proper cards in PAYE direct employee isn’t she as in contracted minimum hours, holiday & possible sick leave, employer contributed pension?
Yes - full time employee with all the usual benefits.
Not sure she'll be getting the usual Christmas Turkey and crate of wine employee gift this year though! 🙂
Just sounds like an emotional response from the boss and as you have in hand and others have already commented will not likely be upheld by any sort of tribunal or court action.
Get some good advice, representation and go for it.
Congrats to Mrs on new job too 🙂
James
Obviously you need to dig out any correspondence which sets out her terms of employment - salary, notice period.
Even if she has no contract and no mention of required notice, her statutory notice period with over two years employment will be two weeks.
She should raise a grievance in writing once she has made sure of what kind of contract she's on. This can set out the employer's contractual obligations and how these will be breached unless she is paid in full by her final day of employment.
If the employer then goes on to breach the contract or fail to pay statutory notice, then you can start sending legal letters.
If your wife has a copy of her eployment contract and has conplied with all terms of said contract up to and including handing in her notice then her ex-boss doesn't have a leg to stand on. They will almost certainly lose any tribunal brought against them and if there are costs to you these can be reclaimed too.
I would imagine that notice of intent to take it to tribunal would be enought to encourage boss to just cough up. These things take time and money.
I would imagine that notice of intent to take it to tribunal would be enought to encourage boss to just cough up. These things take time and money.
Yep - I think a letter of intent is the way to go.
As above - she is entitled to her contracted notice pay (but this should also be corrected for any holiday due/owed in the period).
For good measure her employer should also be paying her for any earnt annual leave she hasn’t yet taken. I would concur with others that she is entitled to the months pay. Its up to her employer what they want her to do for this last months employment
No HR department – her boss is HR!
And therefore probably not well schooled in employment law. As above a letter stating her legal obligations and intent to pursue if not honoured should suffice. Good luck.
Not sure she’ll be getting the usual Christmas Turkey
If she does I don't think it would be wise to eat it 🙂
LOL - she's just had an email saying she will be paid! 🙂
My wife calling her a silly bitch and saying she'd see her in court at the end of their meeting may have done the trick!
Many small companies have an HR helpline they use for stuff like this. I suspect either she called them for advice or someone else told her she would be in a world of pain for withholding pay
Good result
LOL – she’s just had an email saying she will be paid! 🙂
My wife calling her a silly bitch and saying she’d see her in court at the end of their meeting may have done the trick!
🤣 Yeah, threats of legal action tend to focus the mind, especially if the individual in question doesn’t seem to actually have a clue about what the law actually says. Good result all round.
Result.
I guess there won't be a reference forthcoming if that's how the final meeting went!
I guess there won’t be a reference forthcoming if that’s how the final meeting went!
It's really not how my wife wanted it to end. She worked for her before 15+ years ago and they achieved good things together growing the business a lot in that time - and thought of her as a friend. My wife moved on to new challenges but was asked back to help a couple of years ago as the ship was going off course, but promises made for her return weren't delivered on.
Sounds like the former employer made a call to their employment advisor/Solicitor and then thought better of it...
My wife had something similar - redundancy in her case with no redundancy payment, just notice. Luckily she'd kept up her union membership from a previous job. The boss backed down rapidly when the area rep explained the relevant employment law.