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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49862
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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An employee has verbally resigned today. He was a manager

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An employee has verbally resigned today. He was a manager at our pub. He left with immediate effect. This was at 2.30pm, he was due to start his shift at 3pm.He had been caught out saying he was working when he was not. Later on in the day, he follows up the verbal,resgnation with a letter saying he was giving a weeks notice, but he is not working. He has no holiday entitlement left, in fact he has taken 2 days too many. What are we required to pay by law?
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Just to clarify, he is refusing to work his notice period?
Customer: Yes hes walked out but i am not insisting on a notice period
Ben Jones :

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

Ben Jones :

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

Customer: Hed actually worked 2 1/2 hours that day having come in early for a delivery, when he resigned in front of the assistant manager was you can pay me for the 2 1/2 hours ive worked today, im off. So legally id be ok to pay him the 2 1/2 hours?
Ben Jones :

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

Ben Jones :

Hope this clarifies things for you?

Customer: Thanks
Ben Jones :

you are welcome, all the best

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