Employment Lawyers Can Answer Your Employment Law Questions
No, I emailed by letter of resignation together with a grievance initiation letter against my line manager (the two members of staff who submitted a complaint against me have been treating me unfairly for the last 6 months, and he did nothing about it although I asked for his support + in the meeting he arranged to discuss the complaint, he suggested I resign because he said the situation could not be fixed although I offered to do whatever it takes to resolve the situation) and was immediately sent on 'gardening leave'. The next day he emailed to state that my contract will be terminated to 18 August not 31 August, and now he suggests to terminate it to 31 May and to pay me my salary for 01/06-18/08 in lieu as a one-off payment.
they are not included in the contract, but the merit pay is mentioned in my offer letter, and also when I was employed I initially rejected their offer because I couldn't afford to take a pay cut, but then he promised me the merit pay, which together with my base salary brought the level of pay to an acceptable level.
the merit pay is calculated based on the school year 01 September - 31 August and there are four merit pay steps: £2.5K, £5K, £7.5K and £9K, and only people who do absolutely nothing get £2.5K (that's what he is proposing to give me for the year finishing on 31 August 2015 now). Each step is described in the merit pay framework, with criteria outlined, and it is my boss who decides on my level of merit pay.
Last year I got £7.5K pro-rate (because I had just started in April), and this year everything was going really well and I was hoping for a £9K merit pay or alternatively was confident I would get £7.5K until this happened
Thank you for your guidance. Can I please clarify with regard to my merit based pay, can I contest it or not?
Also, with regard to my holiday pay - if I remain on gardening leave until the end of my notice period (18 August) but I had 5 days booked off in July, my boss insists he will not pay me for the 5 days because I would effectively be taking them as I already booked them, is that true? And if they pay me in lieu now and terminate my contract to end of May, they don't have to pay me for my holiday entitlement 01 June - 18 August?
yes it does. so they emailed me two options - to terminate to 31 May and to terminate to 19 August. but the option to terminate to 31 May only includes pro rate basic merit pay to 31 May and the same with holiday - only pro rate untaken holiday to 31 May, so I will be losing out on holiday pay & merit pay for 01 June - 18 August?