Getting paid by social welfare due to not getting to complete notice

Burkie7

Hi Everyone,

I handed in my notice on Friday at my job and in the contract which I have it says a minimum of one months notice is required for termination of the contract.

I offered the month notice but they said they will only give me one week notice but my new job doesn't start till the end of the month and I had to pay back my insurance exam fee out of this week wage they take it out of my wages.

Would I be eligible to be paid by the social welfare for 3 weeks or do I have to go without any income? As it would mean I wouldn't earn anything this month and I have rent and bills to pay for so it wouldn't be ideal.

Thanks.

dobsdave

Dont they still have to pay you for the notice period? i.e. the full month
I think its called gardening leave.
Otherwise they are terminating the contract?

As for social welfare, a quick google would have answered your question


http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/unemployed_people/signing_on.html

Victor

Burkie7 wrote: »

I offered the month notice but they said they will only give me one week notice

If you have terminated the contract by offering notice, they can't then decide to terminate it by giving different notice.

At a minimum, you should be entitled to be paid for the month.

Burkie7

Thanks for the replies lads.

Basically I asked for a meeting with the manager and I handed him my notice and said I will complete the full month as per my contract. He said that as I'm a trainee that I don't have to give a full notice that its payday now so I can just leave now if I want too. I still had loose ends to tie up so didn't want to leave like that so I said I'd do the week.

I've never handed in a notice before so I didn't really know where I stood on the matter. Is their anything I can do now since I agreed to just doing the week?

TallGlass

Just approch him and say you'd rather stay the 4 weeks as it was your initial plan, tell him you'll help train in a new person, complete projects and have hand overs ready. Sweeten him up and get him on board.

Stheno

Burkie7 wrote: »

Thanks for the replies lads.

Basically I asked for a meeting with the manager and I handed him my notice and said I will complete the full month as per my contract. He said that as I'm a trainee that I don't have to give a full notice that its payday now so I can just leave now if I want too. I still had loose ends to tie up so didn't want to leave like that so I said I'd do the week.

I've never handed in a notice before so I didn't really know where I stood on the matter. Is their anything I can do now since I agreed to just doing the week?

How long are you there, were you on probation and did your contract say anything about notice periods and probation?

davo10

Burkie7 wrote: »

I'm a trainee that I don't have to give a full notice that its payday now so I can just leave now if I want too. I still had loose ends to tie up so didn't want to leave like that so I said I'd do the week.

I've never handed in a notice before so I didn't really know where I stood on the matter. Is their anything I can do now since I agreed to just doing the week?

Notice periods can be reduced by mutual agreement, this sounds like he offered you a reduced notice period once you handed in your notice and you agreed.

Burkie7

Stheno wrote: »

How long are you there, were you on probation and did your contract say anything about notice periods and probation?

Was there 7 months and yes it was a 12 month probation contract.

Yes in the contract in front off me now it says a minimum of one month notice needed for termination.

Burkie7

davo10 wrote: »

Notice periods can be reduced by mutual agreement, this sounds like he offered you a reduced notice period once you handed in your notice and you agreed.

Yes had a feeling it could be this.

Ah well I'll have to do without this month.

Victor

Ask the new employer can you start early.

bonyn

You should make your claim for the dole immediately. If I were you, I'd explain your employer let you go immediately when he found out you were starting a new job in a month, leaving you seeking alternative employment until then.

Regardless of whether he paid you gardening leave or not, the fact remains you're currently available for and seeking work, therefore entitled to the dole. The only exception is if you left work voluntarily. In my view you did not, as your employer did not permit you to stay on.

Victor

bonyn wrote: »

You should make your claim for the dole immediately. If I were you, I'd explain your employer let you go immediately when he found out you were starting a new job in a month, leaving you seeking alternative employment until then.

Regardless of whether he paid you gardening leave or not, the fact remains you're currently available for and seeking work, therefore entitled to the dole. The only exception is if you left work voluntarily. In my view you did not, as your employer did not permit you to stay on.

That the OP has work lined up may make this difficult.

davo10

bonyn wrote: »

You should make your claim for the dole immediately. If I were you, I'd explain your employer let you go immediately when he found out you were starting a new job in a month, leaving you seeking alternative employment until then.

Regardless of whether he paid you gardening leave or not, the fact remains you're currently available for and seeking work, therefore entitled to the dole. The only exception is if you left work voluntarily. In my view you did not, as your employer did not permit you to stay on.

I didn't think you could claim dole immediately if you voluntarily left your employment.

Mrs OBumble

Ahh, but you can if the employer terminates you.

The OP was still on probation. Employment can be ended by the employer with one weeks notice, for no reason. This is what they've done.

davo10

Mrs OBumble wrote: »

Ahh, but you can if the employer terminates you.

The OP was still on probation. Employment can be ended by the employer with one weeks notice, for no reason. This is what they've done.

No they haven't, the op stated that he handed in his notice on Friday. The shortened notice period was agreed by mutual consent.