I`ve handed my notice of resignation and am contracted to work a period of 12 weeks notice. My employer has told me to leave right away. Are they required by law to pay me my full 12 weeks as it is they who want me to go.
2006-09-16 21:10:35 · 18 answers · asked by g man 2 in Business & Finance ➔ Careers & Employment
By law, the employer MUST pay the notice period severance pay and vacation pay if you have been asked to leave in lieu of you staying and finishing your notice period. You would have worked it anyway and would have been paid. It is illegal for your employer not to pay you. Check with the Ministry of Labor in your area regarding termination pay.
2006-09-17 07:17:45 · answer #1 · answered by judirose2001 5 · 0⤊ 0⤋
Under the u.k. Employment act, there has to be a written contract of employment between Employer and Employee, which you should have been given a copy of.
In this contract it should state terms of payment when you resign,although you are given a 12 week notice period the same does not necessary apply to the Employer,they usually only have to pay a months salary along with any extras such as holiday pay etc.
They do not, and, probably will not pay you for the twelve weeks unless they want you to work for this period.
I am sorry I cannot say they have to pay you, but unfortunately that's the way things are,it may be worth speaking with someone at your local Job-centre,but don't hold your breath, and good luck.
2006-09-16 21:24:48 · answer #2 · answered by mentor 5 · 1⤊ 0⤋
If you are in the UK and the contract of employment states you must give 3 months notice and you have complied with that then you are not in breach of your contract.
If your employer has told you not to bother coming in then he/she must pay you for the period of notice. He may have put you on what is called 'garden leave' This means you are on paid leave but you may have certain restrictions, for example you cannot work in a similar industry for that period of time. This has happened in the sports world where a footballer was put on garden leave and could not play for his new team because his old team would be playing them in the near future.
You will have to check this out with your employer.
You are also entitled to pay for any outstanding holidays that you have not taken.
See a solicitor asap.
good luck
2006-09-17 02:32:53 · answer #3 · answered by LYN W 5 · 0⤊ 0⤋
In the UK your contract of employment usually requires you to give a period of notice. If such a term is in your contract and you give the notice then in the situation you describe the employer will have to pay you for that period. If they terminate your contract without notice then this is dismissal - and they must have a good reason for it. However, if you pursue your case for unfair dismissal you will have to go to a lot of trouble to get your pay for the notice period, it is unlikely you will be reinstated.
2006-09-16 21:34:21 · answer #4 · answered by migelito 5 · 0⤊ 0⤋
No. You have the right to work for that company as you have the right to not work. Unless you have a contract you must agree with the employer whether you are fired or not. If you were terminated, unemployment state benefits now seem to be geared on your last year's earnings. If they say you were voluntarily let go of your own decision, such benefits are not allowed.
P.S. an employee handbook is NOT a contract.
2006-09-16 21:21:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The answer is yes if your contract states 12 weeks notice
2006-09-16 21:20:34 · answer #6 · answered by scott j 3 · 1⤊ 0⤋
Your employer can tell you to leave right away and if you agree you will not get anything but you have every legal right to work the twelve weeks. So If you decide that it is too soon financially because you expected to earn for that period then you can stay on and they cannot get rid of you.
2006-09-16 22:29:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋
depends what the contract states, if the contract says you can leave only with 12 weeks notice then i would hope they would have to do the same, however if it is not stated then no they don't.
2006-09-16 21:12:53 · answer #8 · answered by ken 3 · 0⤊ 0⤋
I've never heard of a 12 week notice, that seems like a rediculously long time to me. But yeah, I think you would be eligible for unemployment at least...
2006-09-16 21:14:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Golden rule...as long as you say you are willing to work your notice then if employer says go straight away & no need to work your notice he is obliged to pay you for your notice period. I repeat providing you say you are willing to work your notice then he has to pay you even tho' he has said leave straight away.
2006-09-16 21:24:06 · answer #10 · answered by joe b 3 · 1⤊ 0⤋