Notice Period and Last Date of Employment Query

[EVLATECOMER]

Hi All

I recently resigned and gave a months notice in writing, as per my contract, on the last day of February; i.e. 28th Feb 2022.

My boss accepted this and said you'll need to go on gardening leave for your notice period for commercial reasons, which I had expected to happen.

In my email I asked them to confirm I would be paid to the end of March 22 and would additionally receive payment for unused 22 holiday days.

I have now received an acceptance from HR advising my last day will be 28th March 2022? They advise I will be paid for unused holidays.

I feel this is incorrect, but I'm not 100% certain, February only has 28 days so is one month to the end of March; i.e. last working day of following month or should it be the 28th March?

Anyone got some experience or HR guidance please?

Thanks in advance

[loskie]

no one month is one month.


There's a clue in the word MONTH. You cannot just choose how many days are in said month to suit you.

Just like a MONTHs salary it isn't less in February is it?

[Rushjob]

EVLATECOMER said:

Hi All

I recently resigned and gave a months notice in writing, as per my contract, on the last day of February; i.e. 28th Feb 2022.

My boss accepted this and said you'll need to go on gardening leave for your notice period for commercial reasons, which I had expected to happen.

In my email I asked them to confirm I would be paid to the end of March 22 and would additionally receive payment for unused 22 holiday days.

I have now received an acceptance from HR advising my last day will be 28th March 2022? They advise I will be paid for unused holidays.

I feel this is incorrect, but I'm not 100% certain, February only has 28 days so is one month to the end of March; i.e. last working day of following month or should it be the 28th March?

Anyone got some experience or HR guidance please?

Thanks in advance

Firstly, genuinely not sure if serious........ but

You're employed for one calendar month after you gave your notice.

One month post 28.02 is 28.03, 31.03 is one month and 3 days post resignation

How is that difficult to comprehend?

[GibsonLP]

"Month" is painfully open to interpretation IMO.

I got stung in the opposite direction a few years ago with a "30-day" clause which the company I was leaving took to mean "30 working days" as they needed my input on a couple of deals they needed to close within that next 6 week period.

No advice I'm afraid aside from to push for the additional 3 days as much as you can - it's 10% of your monthly salary that's up for sacrifice.

[EVLATECOMER]

Rushjob said:

Firstly, genuinely not sure if serious........ but

You're employed for one calendar month after you gave your notice.

One month post 28.02 is 28.03, 31.03 is one month and 3 days post resignation

How is that difficult to comprehend?

I gave them notice and asked to leave at the end of March as I stated, is that hard to comprehend???

Why are some people on here so aggressive

[Smiljan]

If it’s any consolation OP I’d agree that end of March would be one month.

Ie 1st thru 31st of March

How 28 days comes into it I don’t understand.

[MickC]

Smiljan said:

If it’s any consolation OP I’d agree that end of March would be one month.

Ie 1st thru 31st of March

How 28 days comes into it I don’t understand.

If you gave notice to leave with one months notice on 15th Feb, when would you expect to leave? 15th March, right? Ditto 3rd Sept would be leaving date 3rd Oct. One month. So one month from 28th Feb is 28th March.

[Nickbrapp]

Does your contact say a month or 4 weeks?


Also you wouldn’t get 22 days leave paid, as you won’t have “earned” 22 days leave, depending when your AL year runs for example

[Smiljan]

MickC said:

If you gave notice to leave with one months notice on 15th Feb, when would you expect to leave? 15th March, right? Ditto 3rd Sept would be leaving date 3rd Oct. One month. So one month from 28th Feb is 28th March.

Nope OP gave notice on last day of Feb, presumably worked that day, Months notice to me makes that end of March not 28 days later.

[MickC]

Smiljan said:

Nope OP gave notice on last day of Feb, presumably worked that day, Months notice to me makes that end of March not 28 days later.

So if he gave notice on 26th Feb, when would you say was his last day? How about if he gave notice 30th Jan? What if it was a leap year?

[Smiljan]

I understand what you’re saying and this is exactly why the discussion is happening.

In your view he should hand in the notice on the 1st March rather than 28th Feb to get the full month of March.

He hasn’t done it mid Month, seems like it was done end of month to simplify things and it’s just done the opposite.

Let us know the outcome OP.

[rigga]

Nickbrapp said:

Does your contact say a month or 4 weeks?


Also you wouldn’t get 22 days leave paid, as you won’t have “earned” 22 days leave, depending when your AL year runs for example

Depends what his contract states on leave day's, when leaving the company.
Although I retired, my contract stated I was due any unused leave for that year, there may be a similar clause in his on leaving.

[Sir Bagalot]

You resigned on 28th Feb giving one months notice.

Is it just me thinking your last day should be 27th March?

[CubanPete]

I would say the 28th is a month.

Depending when your holiday runs, expect to get the 22 days amortized.

Companies can dictate when you take holiday. So I wouldn't be too pushy, as they might force you to take it during your gardening leave.

[Scrump]

Too late now, but if you wanted your last day to be 31st March then that should have been stated clearly in the letter. Saying the end of March is as vague as saying a month’s notice.

[Jasandjules]

EVLATECOMER said:

Hi All

Anyone got some experience or HR guidance please?

Thanks in advance

If the contract says one month then it is one month. 28th Feb goes to 28 March.

[Pinkie15]

Scrump said:

Too late now, but if you wanted your last day to be 31st March then that should have been stated clearly in the letter. Saying the end of March is as vague as saying a month’s notice.

^ This

Really it's giving a minimum of one months, or whatever, notice, so always state a specific final date, not a vague 'X' weeks/months.

So sorry OP, but in agreement your final day is 28 March.

When I've given notice I've always stated the date before my new start date, often that's a Sunday, which can cause confusion, but means you're still technically an employee, so if worst happened over that final weekend you'd still qualify for things like death in service.

[Countdown]

EVLATECOMER said:

Hi All

I recently resigned and gave a months notice in writing, as per my contract, on the last day of February; i.e. 28th Feb 2022.

My boss accepted this and said you'll need to go on gardening leave for your notice period for commercial reasons, which I had expected to happen.

In my email I asked them to confirm I would be paid to the end of March 22 and would additionally receive payment for unused 22 holiday days.

I have now received an acceptance from HR advising my last day will be 28th March 2022? They advise I will be paid for unused holidays.

I feel this is incorrect, but I'm not 100% certain, February only has 28 days so is one month to the end of March; i.e. last working day of following month or should it be the 28th March?

Anyone got some experience or HR guidance please?

Thanks in advance

OP - is the issue the fact that you're not getting paid for the last 3 days of March? I can see where you're coming from but on the plus side you're getting 4 weeks pay for doing nothing. I'd say it's swings and roundabouts.

[AyBee]

I'd be more concerned about the holiday days if you're on leave. Most contracts I've had state that holiday is to be used up during notice period given you're not working.

[Sy1441]

AyBee said:

I'd be more concerned about the holiday days if you're on leave. Most contracts I've had state that holiday is to be used up during notice period given you're not working.

Yeah, they would certainly get away with making you take some of that annual leave which would equate to more than the 3 days that it's unclear whether you're entitled to. I'd let sleeping dogs lie on this one.