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notice period

#1 notice period
07/02/2011 13:52


Hi, I am a SC working with top MC. Recently resigned as per terms and conditions of my employment contract by giving my employer 4 weeks notice. I am wondering whether my employer can say that they are happy for me to go in 1 week rather serving my full 4 weeks notice. Can they do that without paying me remaining 3 weeks salary? I think all they can do is to put me on garden leave but still pay me remaining 3 weeks salary or can release me in 1 week but by paying full 4 weeks salary. Can they under any circumstances not pay me my remaining 3 weeks salary on the basis of I have resigned?

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#2 RE: notice period
07/02/2011 16:32

Anon to sc (#1)

Good news - they have to pay you 4 weeks, they may ask you to do some work ie still go to client sitre / handovers etc but typically you'll end up doing handovers and the rest caring for the snowdrops - not much use gardening leave at this time of year, unless you want to negotiate a mutally acceptable leave immediately - which sounds like you don't

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#3 RE: notice period
12/02/2011 03:07

abc to Anon (#2)

a couple of more questions in similar line.

- Can my employer force me not to take my earned holidays during my notice period after I resigned?

- Can my employer suspect me for any sick leave I take after my resignation despite of my sick leave is due to a geniune reasons and can be very well backed up with GP's notes ? It's a shame my employer is suspecting me after I fell sick followed by my resignation. My contract doesn't say anything that I need to provide any GP certificate for sick leave which is =<7 days.

How should I deal with this situation considering I was off sick for a couple of days and have not reached to the UK Law threshold i.e. >7 days offsick before I can ask my GP to certify.

Isn't it a legal matter and I can drag my employer to the court for discriminating me after I resigned?


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#4 RE: notice period
12/02/2011 07:28

Lb to abc (#3)

1) As at any other time, your employer needs to agree when within the year you can take your annual leave. You don't have an automatic right to take vacation days within the notice period - your employer can choose to pay you in lieu of earned leave.

2) It would be difficult to argue discrimination as, from the description, it is not apparent on what basis you have been discriminated against. It would be unusual to bother, but your employer can investigate any suspected abuse of policy and/or institute disciplinary procedures at any point, including during the notice period. You are still entitled to a fair process and the best thing is to go along with the process for the few weeks until you leave. After you have left, you no longer need to have anything to do with it.

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#5 RE: notice period
14/02/2011 09:38

slacker to Lb (#4)

if you mention that their attitude towards your sick leave is causing you to suffer from stress which might require you to take further time off, you'll sprobably see them moonwalk backwards to avoid getting stress-related leave on their stats. having said which, avoid ever actually taking time off for stress as 'have you ever had stress-related absence' has become a common filtering question and you don't want either to have to lie or say Yes..

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