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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I left my employment one month after my retirement date, my

Resolved Question:

I left my employment one month after my retirement date, my employer is insisting that I did not give the required one months notice.
My employer is now holding back holiday pay due and expenses in lieu of monies owed for not working the one months notice.
He is also holding personal belongings which he will not release until the balance of what he says I owe is paid in full
Where do I stand please
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you day. How did you give your notice?

Customer: Verbal
Customer: Verbally
taratill :

Ok were there any witnesses to this?

Customer: I assumed that my contract of employment ended when I reached my retirement date and only stayed on to finish a contract and put in place my replacemnt
Customer: There where no witnesses although the other director was made aware soon after
taratill :

Ok the difficulty you may have is evidential as it may come down to your word against theirs if there is no written proof that you gave your notice. I take your point about the contractual retirement provision but it is now unlawful for an employer to require an employee to retire on a particular date. You write to them to say that if they do not pay you the money due to you you will have no alternative but to bring a claim for unlawful deduction from wages and for breach of the Working Time Regulations in respect of the annual leave. Hopefully they will then pay you as they should. If they do not then you will have to bring a claim and whether you will succeed will depend on which version of events the tribunal prefers and whether your employer is prepared to lie on oath.

taratill :

If you have any further questions please do ask.

taratill :

If I have answered your question I would be grateful if you would take the time to rate my answer. thank you and all the best.

Customer: Has the employer the right to hold my personal property in lieu of a decision
taratill :

No they do not.

taratill :

If they do so you can contact the police..

Customer: I am aware that the employer cannot enforce retirement but I wanted to retire on the due date, what difference does that make?
taratill :

none, if you made your intention clear to your employer then you should have been allowed to do so.

Customer: Thank you
taratill :

No problem, hopefully your employer will now see sense. Please remember to take the time to rate my answer and do come back to me in the future if you need to.

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