Employment Law Help

nash0404

I gave a one month's notice to my employer on Friday, 21st August. After a few hours, I was told to leave, as I expected. I was still under my probation period. It was a 9 month probation period and this was my last month. So my question is : Am I entitled for my notice period pay? Since, they dismissed me, would this be considered as a garden leave? Does garden leave work, while you are on probation? The contract says the employer can terminate your contract giving 1 week notice while you are on probation. But doesn't mention anything about the employee. But under a different section, it does say that the employee has to give a month's notice. Your insights would be much appreciated.

Zaph

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davo10

nash0404 wrote: »

I gave a one month's notice to my employer on Friday, 21st August. After a few hours, I was told to leave, as I expected. I was still under my probation period. It was a 9 month probation period and this was my last month. So my question is : Am I entitled for my notice period pay? Since, they dismissed me, would this be considered as a garden leave? Does garden leave work, while you are on probation? The contract says the employer can terminate your contract giving 1 week notice while you are on probation. But doesn't mention anything about the employee. But under a different section, it does say that the employee has to give a month's notice. Your insights would be much appreciated.

The employers one month notice applies after probation period, the one week applies during probationary period. They owe you one weeks pay irrespective of whether they want you to attend for work.

daheff

I dont agree davo10

OP -You gave 1 months notice to the employer of your intention to cease employment. Then you are entitled to be paid for that month of work as you advised them of your intention that you would not work for the company past the date advised.


In most contracts, the notice period is a minimum notice period you must give the employer, not a maximum.

If the company had gotten in first and given you 1 weeks notice that would also have been fine.

however this is slightly complicated as the probation period ends at the end of the 9th month...how long is it to the end of the probation period (a week, 2 weeks a full month??). Had the company given you any indication as to whether you would be kept on?

OP, I'd push the company for payment for the full month. Its their decision that you do not turn up for work for that month.

Mrs OBumble

I do agree with davo10.

The OP is still on probation, so s/he can be terminated with the required notice at any time. Irrespectrive of whether s/he has already resigned or not.

davo10

Mrs OBumble wrote: »

I do agree with davo10.

The OP is still on probation, so s/he can be terminated with the required notice at any time. Irrespectrive of whether s/he has already resigned or not.

Thanks, op is not deemed to be permanently employed until the probationary period is over and can be dismissed with minimum statutory notice unless otherwise stated and agreed to in the signed contract. OP has posted the contract of employment outlines that the employer can dismiss employee giving one weeks notice during the probationary period.

nash0404

Appreciate your replies guys. It is a tricky area on my contract, but I have adhered to it by the word. The probationary period just suggests that the employer can terminate the contract with a one week notice, there is no reference made what does an employee need to do. An employee has his/her rights as well regardless of being in a probationary period or not. But the termination notice secton says it clearly that either party needs to give a month's notice. Which I did and had full plans to work through it. Your insights would be much appreciated.

nash0404

daheff wrote: »

I dont agree davo10

OP -You gave 1 months notice to the employer of your intention to cease employment. Then you are entitled to be paid for that month of work as you advised them of your intention that you would not work for the company past the date advised.


In most contracts, the notice period is a minimum notice period you must give the employer, not a maximum.

If the company had gotten in first and given you 1 weeks notice that would also have been fine.

however this is slightly complicated as the probation period ends at the end of the 9th month...how long is it to the end of the probation period (a week, 2 weeks a full month??). Had the company given you any indication as to whether you would be kept on?

OP, I'd push the company for payment for the full month. Its their decision that you do not turn up for work for that month.

My probation period was getting over on the 25th of august, I resigned on the 21st. They had full plans of keeping me or should I say not firing me.

MadDog76

nash0404 wrote: »

My probation period was getting over on the 25th of august, I resigned on the 21st. They had full plans of keeping me or should I say not firing me.

Why didn't you wait until the 26th to give your notice so?