Am i entitled to notice pay

LegacyUser · 07-02-2011 8:43pm #1

Hey,
Ive been in my current job for 3 1/2 years, recently ive agreed to take a position at a rival company, now im sure once i inform my current employers that ive taken this job il be sacked, as i am privey some certain information. But as i have lost my contract, through numerous movings im unsure if i would be entitled to a months pay as that is my notice period. I still have a week to tell my employers that im leaving and i will subsequently have a month before i start the new job, so i could always tell my current employers that im going travelling, thus avoiding being sacked.... but id rather be honest, yet i dont wanna miss out on a months pay. any advice is much appreciated. thanks

Eoin · 07-02-2011 10:59pm

If you have access to sensitive information then they might well put you on what is called "Garden leave" - i.e. you're not allowed to come in. However, this is NOT being sacked and you are entitled to be paid as usual. You are still on the books as an employee until the end of your notice period - you just don't have to go into work. They might also waive their right to notice, but they would also have to pay for you for that as well.

RachaelVO · 07-02-2011 11:03pm

Eoin is spot on. You have to give notice, however it's up to them whether they want you there or not! Either way they have to pay you that months notice. They will also have to pay you your earned holiday days too, if you have any!

bikermartin · 07-02-2011 11:16pm

is it a requirement to have to tell existing employer where you are taking up a new job. i have not done this on 2 previous occasions. Surely that is confidential information on your part ?

RachaelVO · 07-02-2011 11:26pm

bikermartin wrote: »

is it a requirement to have to tell existing employer where you are taking up a new job. i have not done this on 2 previous occasions. Surely that is confidential information on your part ?

It will depend on whether or not there is some form of confidentiality in your contract. For example if you worked for an R&D company there is a big chance you might not be legally allowed to work for another R&D company. It's not a case of whether you should tell them or not, it's more a case of what you are legally obliged to tell your employer, and that usually depends on the industry you are working in!

LegacyUser · 07-02-2011 11:50pm

I work in the gaming industry, thing is, i would like to be let go with a months pay as i could do some travelling before i take up my new position.... I know thats a ridiculous reason, but cheers for the responses...

3DataModem · 08-02-2011 12:01am

( Note; you can work for who you want, irrespective of what your contract says. Exclusion periods for competitors are absolutely unenforceable in Ireland. )

To answer OP... You are extremely unlikely to be "sacked" for resigning... as poster above says you are more likely to be put on gardening leave for your notice period.

Wahey! Free money. No work. I've done it twice and it was great.

Eoin · 08-02-2011 12:09am

Confusedemployee wrote: »

I work in the gaming industry, thing is, i would like to be let go with a months pay as i could do some travelling before i take up my new position.... I know thats a ridiculous reason, but cheers for the responses...

Well, you've no entitlement to a month's pay for nothing. They might just want you to work out your notice period.

3DataModem · 08-02-2011 12:45pm

Confusedemployee wrote: »

I work in the gaming industry, thing is, i would like to be let go with a months pay as i could do some travelling before i take up my new position.... I know thats a ridiculous reason, but cheers for the responses...

Aha. So I'm guessing you are moving from Full Tilt to Paddy Power or vice versa. In that case you will almost certainly be escorted from premises upon resignation but will get your months pay.

Clauric · 08-02-2011 1:07pm

Under Irish and European law, an employee only has to give an employer 1 weeks notice of their leaving the company. An employer is bound by the relevant statute (Unfair Dismissal Acts 1977 – 2001), as a minimum, although the courts have often stated that more than the minimum is necessary (but I digress)

It is up to the employee, and not the employer, as to whether the employee works out their notice. An employer may make a suggestion, but the employee is the final decider.

After you resign, do you really want to continue working for your employer, even for 1 more week?

Eoin · 08-02-2011 2:33pm

The law only sets the minimum notice period. If the employee has signed a contract which binds him/her to a longer notice period, than that must be served.

Clauric wrote:

It is up to the employee, and not the employer, as to whether the employee works out their notice. An employer may make a suggestion, but the employee is the final decider.

So you're saying that an employee can choose to leave immediately and get paid for the rest of their notice period upon resigning? That doesn't sound right at all.

Both parties can agree to waive the notice period if desired, but that's about it. If you are made redundant, then you don't have to work out your notice period.

Clauric wrote:

After you resign, do you really want to continue working for your employer, even for 1 more week?

Why not? I worked out a 2 month notice period before I joined my current company. Just because you're leaving doesn't mean you shouldn't hand over your responsibilities in a professional manner.

Clauric · 08-02-2011 2:49pm

Eoin wrote: »

The law only sets the minimum notice period. If the employee has signed a contract which binds him/her to a longer notice period, than that must be served.

The minimum notice is only applicable to the employer and not the employee. In Europe, the employee only has to give 1 weeks notice, no matter what the contract says. (It is based on the idea of free movement of goods and services). As a practical matter, an employer may be able to sue and employee for breach of their contract, by not giving sufficient notice, but the costs far outweigh any remedy that could be imposed.

Eoin wrote: »

So you're saying that an employee can choose to leave immediately and get paid for the rest of their notice period upon resigning? That doesn't sound right at all.

I am saying that an employee can resign from a company, and get paid for the notice they give. If they give 1 weeks notice, they can either work that notice, or get paid the notice, depending on the arrangements that the employee and employer come to. If they give 2 months notice, they can work the notice, or get paid in lieu, depending on the arrangements agreed. I am not suggesting that an employee gives 1 weeks notice and gets paid for th 2 months that is in their contract.

Eoin wrote: »

Both parties can agree to waive the notice period if desired, but that's about it. If you are made redundant, then you don't have to work out your notice period.

Redundancy is a different situation, whereby the employee's position is being terminated, and not the employer. In a redundancy situation, if you do not work out your redundancy notice, you will be considered to have left the company before your position was made redundant, and might not be eligible for any redundancy payment (it would be up to the Dept of Enterprise, Trade and Innovation, as well as the company's redundancy co-ordinator to make a final decision on the matter). However, this is not a redundancy, so this is a massive digression.

Eoin wrote: »

Why not? I worked out a 2 month notice period before I joined my current company. Just because you're leaving doesn't mean you shouldn't hand over your responsibilities in a professional manner.

Personal choice depending on role involved.

Eoin · 08-02-2011 3:03pm

Clauric wrote: »

The minimum notice is only applicable to the employer and not the employee. In Europe, the employee only has to give 1 weeks notice, no matter what the contract says. (It is based on the idea of free movement of goods and services). As a practical matter, an employer may be able to sue and employee for breach of their contract, by not giving sufficient notice, but the costs far outweigh any remedy that could be imposed.

Saying that it's impractical for a company to pursue the employee is very different to saying that the notice period doesn't apply to the employee - which it does.

Clauric wrote: »

I am saying that an employee can resign from a company, and get paid for the notice they give. If they give 1 weeks notice, they can either work that notice, or get paid the notice, depending on the arrangements that the employee and employer come to. If they give 2 months notice, they can work the notice, or get paid in lieu, depending on the arrangements agreed. I am not suggesting that an employee gives 1 weeks notice and gets paid for th 2 months that is in their contract.

But it is up to the company to decide whether or not to have the employee work out the notice period.

enda1 · 08-02-2011 3:10pm

Clauric wrote: »

The minimum notice is only applicable to the employer and not the employee. In Europe, the employee only has to give 1 weeks notice, no matter what the contract says. (It is based on the idea of free movement of goods and services).

snip

Where did you come up with this??
By the way Ireland is part of Europe.

So you think there is a common labour policy throughout the continent? Or maybe you mean throughout the EU? Perhaps and more likely you mean come of the old-money continental European countries?

Well you may be shocked to hear that this is not the case. Where I work its a 6 week minimum notice (counting from the end of the month you give notice so in effect 6 to 10 weeks - Belgium). Germany I've heard is longer and is more related to seniority and industry.

1 week!!? You realise that Ireland has one of the most free labour markets in the EU, yeah?

Am i entitled to notice pay

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