notice periods

[m3sye]

If a member of staff hands in their notice period (4 weeks as per contract) and they are then told to leave, do they have to pay you the 4 week notice period? (i.e garden leave)?

[DavidY]

Generally Yes, but after balancing holiday entitlement

davidy

[m3sye]

So if the holidays were in favour of the staff member they would be law have to pay the 4 week notice period if they told you to leave and any holiday entitlement you may have built up?

[spikeyhead]

m3sye said:

So if the holidays were in favour of the staff member they would be law have to pay the 4 week notice period if they told you to leave and any holiday entitlement you may have built up?

I believe its the notice period plus holiday.

[m3sye]

And if they refuse to pay the notice period?

[JustinP1]

If a notice period is part of the contract then this is something that the employee can envoke.

As per the contract they will work those four weeks.

If you are accepting their resignation you can chose to do that immediately and not require them to work their notice as per the contract, and not pay them from that point.

However, you can't tell them not to come back and ask them for four weeks pay.

They must be paid their accrued holiday entitlement up until the point of their last day if they have not yet taken it. However, in these type of situations it would often be the case that the holiday is taken in the notice period.

I am not sure about whether this could be legally forced, however this is something I have seen in the past.

[blackcab]

Speak to Neil Coombes at Waring & co in Bolton 01204 550165 he is an employment law specialist, tell him you got his details from Paul Egan Yorkshire roof training group.