handed in notice but no pay this week. Ideas???

[emandjules]

My dh has handed notice on Monday. He gave one week notice and is currently on sick. He gets stat sick pay at present and gets paid weekly on a thursday one week lying on. By my reckoning, he should have got about £83 today and sick pay plus pay for a few days holiday owing to him next Thursday. He did not get paid today. I was thinking he may get a lump sum next week for everything. If boss ends up not paying him anything, where do we stand???

[grouphug]

HI emandjules

Sorry to hear your dh is currently on sick, hope he gets better soon. Most people get paid monthly so when someone resigns any monies owed are in the next pay. As your dh is paid weekly it maybe that they needed a bit longer to tie up lose ends like anuual leave and will pay next week, however his sick pay should have been paid as normal. I would get him to give them a ring on Tuesday to find out. If he has an employment contract it should state in there what happens when the contract is terminated, there maybe a clause with the annual leave such as days owed are counted only per full months worked.

Hope this helps.

[sparkleymummy]

The holiday must be paid if it is statutory holiday (ie if it is the 24 days he is entitled to as a worker). It is unlawful to say that holiday is only paid if a full month is worked.

If his holiday entitlement is greater than this (i.e he gets company holiday) then he may find that there is a clause in his contract stating that it isn't paid upon resignation.

He should be paid anyoutstanding wages plus any sick pay to which he is entitled. If he is only entitled to statutory sick pay then he won't get paid for the first three days of any sickness period anyway. Even if he is entitled to company sick pay but has only been off sick for a day or two there may be a clause in the contract stating that he doesn't get paid during the notice period unless he actually works for those days. Has he actually called in sick every day or could he be considered to be absent without leave?

From what you have said it sound like he will only get paid for last Friday and for Monday (if he worked those days). Tues, Weds and Thurs he would have been sick on SSP only (i.e. no pay)

If he isn't paid anything then he might have an unlawful deductions from wages claim which can be presented in the employment tribunal. First port of call though is to speak to his employer.

[emandjules]

He has been off sick for 6 weeks already and has been getting ssp every thurs except yesterday.

[grouphug]

Just a quick question to sparkelymummy, just wondering how do they work out how much statutory holiday to pay him if they don't go by months worked? Honest question I have always worked in companies with more than statutory and always base it on full months worked. Thanks

emandjules in that case it does sound strange. I would get him to give them a ring on Tuesday and then come back and tell us what they say if he is not happy we can then advise further.

[emandjules]

Update: DH handed in one weeks notice to finish on 23rd March. His firm has just sent a P45 and it has on 14th March as his leaving date, meaning he is not getting paid the two weeks sick that he is entitled to plus they say he is not entitled to any holiday pay.

Can we pursue it, or is it not worth it for about £300

[emandjules]

i gave just written following letter to send to his boss. Opinions pls:

In response to the P45 I have just received, I would be grateful if you could clarify for me how my employment terminated on the 14th March 2008, when in fact I handed one weeks notice in to finish on the 23rd March. I can only assume from this that you have terminated my employment. Please could you forward onto proof that I was given at least one weeks notice that you were terminating my contract and the reason for the termination.

Also, my sick note lasted till 27th March inclusive so in actual fact you have finished my contract whilst I am officially classed as sick. I await your response on this matter, otherwise I will be taking this matter further with the appropriate authorities.