Employment Lawyers Can Answer Your Employment Law Questions
Hi, sorry I was offline by the time you had replied yesterday. What you pay this person would depend on his intentions over the notice period. First of all he is entitled to be paid for any work done up to the day he resigned, so just his normal pay for that period. As far as the notice period is concerned, you would only be required to pay that if he was willing to work through that period. He must have made himself available to work, rather than indicated that he is leaving with immediate effect and is not coming back. So as long as he has made himself willing to work through the notice period but it was your decision not to allow him to do so, then you would have to pay him the notice period he is due under contract, which would be paid at his normal rate. If he was not willing to work his notice period and you are happy to let him go with immediate effect then he would not be due anything in terms of notice pay.
Finally, as he has taken 2 days holiday too many, you are legally entitled to deduct these from his final pay, whether you are going to pay him for his notice period or not. So it is possible to adjust his pay for the time worked up to his resignation by deducting 2 days’ pay to reflect this.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
yes that's right you can pay him all hours worked up to that date, including the 2.5 that day and any accrued holidays up to then
Hope this clarifies things for you?
you are welcome, all the best