Notice periods

Langer2007

have recently moved jobs after 11 years plus service and over 4 years unbroken service. I gave 1 months written notice as per my contract but was only asked to work out half of this period. My old employer is looking for me to pay back a significant sum in which I was overpaid but did not pay me for the full notice period. I thought I was entitled to be paid in full for my notice period even if I was not made work it. Am I right in this respect and if so is there some documentary evidence available which I can use to assert this? I didn't want the money for my notice period but don't want to be out of pocket now that my old employer is looking for money from me. Any advice is greatly appreciated...

Procrastastudy

Langer2007 wrote: »

have recently moved jobs after 11 years plus service and over 4 years unbroken service. I gave 1 months written notice as per my contract but was only asked to work out half of this period. My old employer is looking for me to pay back a significant sum in which I was overpaid but did not pay me for the full notice period. I thought I was entitled to be paid in full for my notice period even if I was not made work it. Am I right in this respect and if so is there some documentary evidence available which I can use to assert this? I didn't want the money for my notice period but don't want to be out of pocket now that my old employer is looking for money from me. Any advice is greatly appreciated...

You should be paid for your full notice period unless you and the employer agree you will not be - for example you need to move job quicker than the notice period allows. You should also be paid for any accrued holiday - unless you agreed with you employer to take these during your notice period.

I'm a bit confused by your post in that you owe your employer money?

Langer2007

I'm in sales so used to get some advances on commission. When I left I knew there was a bit owing to my employer but thought common sense would prevail and one would balance off the other. However he seems to be getting a bit nasty about things. We made no agreement in terms of me finishing early other than he told me when to finish.... I'd say if I pushed the issue I am actually owed by him but just want to be done with it to be honest and move on:) thanks for the advice. Do you know is there any proof on this I can send them on? If I genuinely owe him I don't mind paying it but after 11 years I don't feel I owe him anymore......

Procrastastudy

Its far from unusual, in sales especially, to be put on gardening leave - it happened to me. Sounds like your boss just said 'hop it' and expected not to pay you. I'm afraid I'm not up on employment legislation or, indeed, whether it is legal for you to offset your damage by keeping a commission advance.

That said this is what I'd do; workout what you should have been paid in notice and holiday and pay back your boss the difference. Tell him you're happy to go to the Employment Arbitration Tribunal and let them sort it out if he likes.

Bear in mind references etc.