Handing in Notice

Handing in notice. Ok, so if the contract says you are required to give one week's notice, but on the corporate website it says you will be docked if you don't give two weeks, is it safe to assume that what's in the written contract is correct?  Also, does the employer have to pay bank holiday pay that is accrued when you leave, if there is nothing in the contract or on the corporate website about that? (This would be in Scotland, in case the regulations are different in England.)

Handing in notice. Ok, so if the contract says you are required to give one week's notice, but on the corporate website it says you will be docked if you don't give two weeks, is it safe to assume that what's in the written contract is correct?  Also, does the employer have to pay bank holiday pay that is accrued when you leave, if there is nothing in the contract or on the corporate website about that? (This would be in Scotland, in case the regulations are different in England.)

Sorry what do you mean by accrued bank holiday? Like theyve received TOIL for working bank hols?

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Sorry what do you mean by accrued bank holiday? Like theyve received TOIL for working bank hols?

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Sorry, not sure what TOIL is, but they did work bank holidays and were told they had that holiday pay accrued as part of their leave balances.

Nevermind, I found the answer on the Citizen's Advice.

Bank holidays and annual leave
If you’re entitled to annual leave, then bank holidays will either be:

deducted from your annual leave allowance (so you’ll have to take all bank holidays as paid holiday)
counted as additional holiday days - you may or may not be paid for them
Your contract should say which situation applies to you. If it doesn’t, bank holidays will automatically be deducted from your annual leave entitlement.

Sorry, not sure what TOIL is, but they did work bank holidays and were told they had that holiday pay accrued as part of their leave balances.

TOIL is "time off in lieu" - which sounds like maybe what happened? If she has TOIL, she should get paid that as it's considered holiday. But you mention "holiday pay" so im slightly confused and am wondering id mayve she got paid time and a half for that day instead so was already paid? If definitely not already paid, i imagine it was then accrued as TOIL and she should be getting that back in her final pay (she should ask HR if she has any specific questions about balance of annual leave/etc if she wants to check its been recorded properly - easier to fix BEFORE leaving if you ask me).

RE notice period, i'd go with thr contract. Where it's talking about docking pay, however, i'd tell her to speak to ger HR department.....they should only be able yo hold you to what your contract says is my understanding, but i have no legal background so not sure if there are any loopholes...my understanding has always been that the contract is king.

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Yeah, she worked but only got regular pay. In the leave balances it shows that she has accrued bank holiday time. However, there's also an error in her regular leave accrual balances. She knows how that's happened and is trying to get it sorted out.

The company website required that she resign on the website, and she clicked "two weeks' notice" because when she tried to put in the one week notice it came back with a "you will be docked pay" message. She also has formally resigned in writing locally, attaching a copy of her contract, and stated that she intended one week as per her contract. She also noted that the website pretty much forced her to say "two weeks" which is not her intention. She says if they hold her to the two weeks she wants to use her accrued vacation pay for it. If not, she wants it cashed out.

I hope this doesn't turn into a fiasco. Or, rather, more than it's been so far.

I imagine theyve either recently changed their contracts or most people have been on 2 week notice periods so their website isnt accurate with the form it forces you to fill out. If she speaks to her line manager about her contract stating 1 week notice, she should be able to sort things out. Fingers crossed.

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Yeah, I hope so.  I have wondered why she stayed on with them for so long, as it was such a horrible job with incompetent management. But thankfully it's done now.

So they are saying it has to be two weeks, and they have gone in and dropped the number of hours of accrued vacation she had so that she's now in the negative. Who do we complain to, or do we need to lawyer up?

So they are saying it has to be two weeks, and they have gone in and dropped the number of hours of accrued vacation she had so that she's now in the negative. Who do we complain to, or do we need to lawyer up?

Have you spoken to Citizens advice? If its in her contract as one week, and she never agreed to the two weeks now in their system, it's what is in her contract and they are trying to pull one.

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When did she start working there? Is there a chance her contract has changed since she started and she maybe hadnt realised because they did it very casually without anybody really noticing? Asking as ive seen that happen to others before...not sure how they can get away with dropping her accrued holiday though. Did they offer ANY explanation on how that happened? If i were her, i'd definitely be voicing to them that i believe im owed more holiday and pointing out the contract. What was their response to her pointing out the contract?

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The line manager said he was ok with one week, but since she had entered the two weeks into the online system (because it said she'd be docked pay when she tried to enter one week) it was two weeks. He gave her a phone number to call tomorrow to talk about that.

She worked several bank holidays, and the pay she should have gotten for the time off she didn't get was showing as accrued bank holiday pay. It's the better part of a full week. And now it is gone from the online system, and she's showing as a couple of days in the red. The line manager said it was because she'd quit before the end of the year. Which makes no sense, as she had already worked those holidays. She has written back to him and pointed that out, and has not heard back yet. They are so administratively incompetent over there that it's possible it's just an error.

She'll be contacting Citizens Advice tomorrow if she doesn't get satisfactory answers, and will go through the procedures. Our legal insurance does cover this sort of thing, so if we have to go that route, we will. But I'm advising her to go through the usual steps first.

Worst case, if they insist on the two weeks, she's going to be too stressed to go, so it'll have to be sick leave. Since their normal practice is to pay sick leave as regular pay, they will have to do that for at least a week of whatever notice time ends up being finalized. (I did check the employment law that far here in Scotland.)

She was a temp for a few months, then made permanent earlier this year. She had a copy of her contract, and also just pulled the same document off their online portal. They match precisely.

She worked several bank holidays, and the pay she should have gotten for the time off she didn't get was showing as accrued bank holiday pay. It's the better part of a full week. And now it is gone from the online system, and she's showing as a couple of days in the red. The line manager said it was because she'd quit before the end of the year. Which makes no sense, as she had already worked those holidays. She has written back to him and pointed that out, and has not heard back yet. They are so administratively incompetent over there that it's possible it's just an error.

Has she taken more holiday than she had accrued up until now? I.E. if she accrued (just for example) 2 days per month (so 24 days in the full year) but from january until the end of november, she accrued 20 total but took 23 days off (again, just for the sake of the example), she would then "owe" 3 days.

If she hasnt had a scenario like that (i dont know what her starting annual leave would be but i imagine its unlikely she wouldve taken more than that + TOIL), there's definitely an error somewhere... definitely have her talk to CAB.

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The line manager said he was ok with one week, but since she had entered the two weeks into the online system (because it said she'd be docked pay when she tried to enter one week) it was two weeks.

I would argue duress.  You know, if I was fighting a battle.

The missing regular holiday time has reappeared. The Bank Holiday pay is still short. Not sure what's going on with that, and not asking what that status is as she gets really upset. She phoned the number she was given - wrong department. Was shunted to two other departments, finally got to the right one. They said to have the line manager send an email about the one-week notice. He was kind enough to do so today. (He's basically a good guy.) And duress is pretty much the argument she made. So that should be sorted.  So I assume the rest will sort out, eventually. She's not going back, which is good.