Handed in notice - what am I entitled to?
Discussion
Evening PH.
Long time poster, though some may be able to put 2 and 2 together with my usual account to work out who my employer is, so I'm posting in stealth mode
I recently handed in my notice to my current employer after 4 years of service. Those who I have spoken to so far (line manager, MD) have been understanding and professional about this, but my HR officer seems to have taken it a little personally.
A few things were said by them that didn't sit well with me, but most of it I'm willing to let slide as it seems to have been out of frustration rather than genuine malice. There are 2 points however which will have a financial impact on me, so I want to double check where I stand:
1) I received a pay rise effective from the new tax year shortly before handing my notice in. I had already received a new schedule of employment signed by said HR officer. I have been told that as I am resigning, my final month's pay will be at the lower amount which was in effect before the raise. Is this standard, or am I being unreasonable in expecting my pay to be for the new amount?
2) I have a number of days annual leave remaining for which I will be paid pro-rata. It was agreed last year that I may carry a number of days over to the new holiday year which I had not used in the previous year. I have been told that these will not be taken into account when working out the number of days owed, even though it is clearly documented these were carried over. Should I expect to lose these or am I entitled to be paid for them?
Hoping anyone who has been in either of the above situations can help. I will probably speak to ACAS if it's fairly clear cut in my favour and the employer refuses to acknowledge this.
Thanks in advance
Long time poster, though some may be able to put 2 and 2 together with my usual account to work out who my employer is, so I'm posting in stealth mode
I recently handed in my notice to my current employer after 4 years of service. Those who I have spoken to so far (line manager, MD) have been understanding and professional about this, but my HR officer seems to have taken it a little personally.
A few things were said by them that didn't sit well with me, but most of it I'm willing to let slide as it seems to have been out of frustration rather than genuine malice. There are 2 points however which will have a financial impact on me, so I want to double check where I stand:
1) I received a pay rise effective from the new tax year shortly before handing my notice in. I had already received a new schedule of employment signed by said HR officer. I have been told that as I am resigning, my final month's pay will be at the lower amount which was in effect before the raise. Is this standard, or am I being unreasonable in expecting my pay to be for the new amount?
2) I have a number of days annual leave remaining for which I will be paid pro-rata. It was agreed last year that I may carry a number of days over to the new holiday year which I had not used in the previous year. I have been told that these will not be taken into account when working out the number of days owed, even though it is clearly documented these were carried over. Should I expect to lose these or am I entitled to be paid for them?
Hoping anyone who has been in either of the above situations can help. I will probably speak to ACAS if it's fairly clear cut in my favour and the employer refuses to acknowledge this.
Thanks in advance
ecsrobin said:
The carried over days I would expect you to take off during your notice period rather than being paid, your other leave entitlement as expected should be paid.
Have they given you that as an option?
That hasn't been presented as an option, but I would be happy to agree to that. I may suggest it.Have they given you that as an option?
Is this normal practice where days have been carried over?
I can only talk from personal experience.
I actually received a pay rise after I had resigned. So my final 2 weeks & about 6 weeks accrued vacation were all paid at the higher rate. I believe you should be paid at the higher rate.
Regarding the carried over leave, I guess it depends if this was a formal or informal arrangement. If formal, I'd say you are entitled to it. If informal, forget it.
I actually received a pay rise after I had resigned. So my final 2 weeks & about 6 weeks accrued vacation were all paid at the higher rate. I believe you should be paid at the higher rate.
Regarding the carried over leave, I guess it depends if this was a formal or informal arrangement. If formal, I'd say you are entitled to it. If informal, forget it.
I do believe that any dispute regarding holidays has to be dealt with in the year they are accrued/issued although somebody more learned than me may say otherwise. However if that means you didn't take the statutory amount you are required to by law this could cause the employer a problem big enough that thy allow you to have them in your notice period.
If you are owed holiday and they had agreed to carry it forward into the next holiday year, then you should just take them. If they don't want you to take them, then they must pay them anyway! Same with the rest of your holiday allowance, they could tell you to take them also, rather than pay them in addition to your last month's salary.
As for the pay increase, yes, you should get paid your final month at the new rate, that's what your new employment docs says you get paid now! Sly buggers!
As for the pay increase, yes, you should get paid your final month at the new rate, that's what your new employment docs says you get paid now! Sly buggers!
It's HR trying to be HR and getting in the way, probably trying to do the right thing for the company and minimise any loss but being a
holes while doing it.
Simple enough problem, show them the contract, show them the holiday carryover, if they dont want to play ball with it then a trip to the MD's office and an offer to sit at home fully paid up instead of giving them some productivity. It sounds like it's fixable fairly quickly
holes while doing it. Simple enough problem, show them the contract, show them the holiday carryover, if they dont want to play ball with it then a trip to the MD's office and an offer to sit at home fully paid up instead of giving them some productivity. It sounds like it's fixable fairly quickly
Thanks all for the input, it's good to hear how this sort of situation is normally handled.
I'll discuss the matter tomorrow with management. I've got a copy of my contract showing the new salary, and a snippet from the employee handbook stating that pay and other benefits during the notice period will remain as they were. It seems black and white, I should be paid at the higher amount.
The holiday situation in my mind should be fairly clear cut too. Fortunately, it's all administered via company software, so what was carried over is quite clearly shown. Again, at the time, this was not done subject to me staying with the company, so the days including those carried over should be pro-rata'd. Alluded to above, I have taken the required amount, the days carried over are surplus to the legal requirement. I expect that these will be paid, or I'll take half as leave and half as pay, unless gardening leave comes into play! Given I volunteered to assist with the transition of workload but was told that "it's not my concern", I can perhaps see this happening.
Hopefully they'll see sense tomorrow, though the way one individual has acted has soured what was previously a very positive relationship with the company.
I'll discuss the matter tomorrow with management. I've got a copy of my contract showing the new salary, and a snippet from the employee handbook stating that pay and other benefits during the notice period will remain as they were. It seems black and white, I should be paid at the higher amount.
The holiday situation in my mind should be fairly clear cut too. Fortunately, it's all administered via company software, so what was carried over is quite clearly shown. Again, at the time, this was not done subject to me staying with the company, so the days including those carried over should be pro-rata'd. Alluded to above, I have taken the required amount, the days carried over are surplus to the legal requirement. I expect that these will be paid, or I'll take half as leave and half as pay, unless gardening leave comes into play! Given I volunteered to assist with the transition of workload but was told that "it's not my concern", I can perhaps see this happening.
Hopefully they'll see sense tomorrow, though the way one individual has acted has soured what was previously a very positive relationship with the company.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff