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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 63246
Experience:  Qualified Employment Solicitor
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I left my previous employer on 13th January 2020. I gave my

Customer Question

I left my previous employer on 13th January 2020. I gave my notice which they accepted and said i would be relieved of my duties with immediate effect. They also said they would pay me 2 months full pay for my notice period. However, one day before my previous employer were due to pay me the 2 months notice I received a letter stating they would only be paying my SSP rate for my two months as I was incapacitated and unable to work my notice - which I never claimed. I had expressed difficulties with my mental health but I never refused to work my notice and I was not even given the option. They paid me less than one months wage. I have a letter saying they would pay me full pay and also the letter where they have made a u-turn.
JA: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?
Customer: I contacted HR but they ignored my email
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Unemployed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: nothing
Submitted: 6 days ago.
Category: Employment Law
Expert:  Ben Jones replied 6 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 6 days ago.

Are you ready and willing to work your notice period if needed? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 6 days ago.
Yes, I would of worked my notice period. I was never given the option to work it.
Customer: replied 6 days ago.
So I have to call or you won’t help?
Expert:  Ben Jones replied 6 days ago.

Never said I won’t help if you don’t call, this is entirely optional and you can ignore it.

 

Going back to your query, the key is whether you are ready and willing to work your notice period. It seems that the employer has made that decision for you, without even checking what your intentions were. In the end, you did not say you are off sick or unable/unwilling to work your notice period and it was their decision to send you away early and not expect you to work your notice period. In that case you are entitled to your full pay, not just SSP. You need to contact them to challenge this and advise that you expect them to pay you in full, otherwise you will be making a claim in the Employment Tribunal to pursue the pay you are due.

 

Does this answer your query?

Customer: replied 6 days ago.
Perfect - thank you Ben.
Customer: replied 6 days ago.
And yes I would work my notice period however I will be starting a new job shortly
Customer: replied 6 days ago.
Can I send you some documents for I read over?

My notice
Their original letter
Their 2nd letter (making the u-turn)
Expert:  Ben Jones replied 6 days ago.

Looking at documents is charged extra so its up to you?

Customer: replied 6 days ago.
That’s fine - how much will it cost me?
Expert:  Ben Jones replied 6 days ago.

Please upload the contract and what you want to know about it so i can advise