# Handing In Notice @ Work



## Vmlopes (Jan 8, 2012)

So hoping there are some HR or employment peeps in here.

Handed my notice at my current employer last Tuesday 8th, done verbally on Skype as both directors live abroad. My contract states a month notice to be given by either party. Which I am happy to do and confirmed this making my leaving date 9th April.

They said my notice period would be 30th April. i.e one clear calendar month? this is the first that I have ever heard of this, I stated that was not in line with my contract, as far as I am concerned a month is 4 weeks and I am happy to work that.

One of the directors got a bit heated and said if I wanted to leave early then I could go this coming Friday 18th! I said if thats what you want the so be it. I followed this up I writing again stating that I was happy to work the month notice period as per contract, but if they wanted me to leave on the 18th then I accepted that.

I had another conversation over the phone with one director to let them know that I had accrued holiday and whether they wanted me to work these or if they wanted to pay me to work them, and that I expected as I had been asked to leave earlier than my notice if they were paying my in lieu of this. He confirmed that he had not thought about this and they would come back to me.

Fast forward to Friday and another Skype call and this time the confirmed as I had asked to leave early i.e not working to 30th April then they wouldn't pay me in lieu of any outstanding notice period. They also asked me to sign a letter stating that any payments are in full and final settllement and that I have no further claim on the company.

So shall I accept this, shall I sign the letter I'm pretty sure that if I dont then they wont pay me up to the 18th?


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## staffordian (May 2, 2012)

I'm not an HR bod, but I do have a lifetime's experience of work

Sounds a bit like they're making it up as they go!

Precise details should be in your contract of employment, but one point I'd make is that usually, notice would be given in writing, not verbally. It covers both sides in the event of any dispute (like this might be!?)

I've never heard of a clear calendar month's notice; that would be a variable period of anything from about one month to two months, depending on when notice was handed in. Quite strange, IMHO.

I'd be inclined to check my contract, if it says four weeks notice is required, then I would write (or email) them stating that this letter is written confirmation of the verbal notice you gave on 8th March, and that in line with the requirements of your contract, your final working day will be 9th April.

State too that as you have accrued leave due, would they let you know within seven days if they want you to work to the 9th April and have it paid, or leave early to use the leave, but be paid up to 9th April.

To me, this issue they raised of leaving on the 18th March is a red herring, and saying you can go early doesn't absolve them of their contractual requirements to pay you what's owed.

Good luck!


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## m4rkymark (Aug 17, 2014)

Agree with staffordian, I would expect notice to be given in writing. If your contract says you need to give 4 weeks notice then it's from the date you hand notice in, not from the end of the month. If you contract says 1 calendar month then I would expect it to be 30 or 31 days from your date of notice but wouldn't expect anyone to argue over a day, I'm sure you should be able to come to an agreement. We don't regard 4 weeks as a month, they aren't the same.

Normally we don't want people to work notice, if they hand in their notice they leave the building same day and get paid for 4 weeks and any holidays.


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## Vmlopes (Jan 8, 2012)

Thanks for the response, I had the Skype as both directors were abroad, but followed up the call immediately with written notice, stating that I was happy to work a months notice as per my contract, but as they wanted me to leave earlier than this i.e the 18th then I would accept this.

My contract clearly states that either party must give 1 months notice to cease contract of employment.


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## m4rkymark (Aug 17, 2014)

So am I right in thinking if they don't pay you from 18th to 9th April then your going to loose 3 weeks, or thereabouts, money? how many days holidays do you have? They should be paying you but sounds like they are trying to stitch you up.

If you are in any doubt speak to acas about the issue.


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## Paul7189 (Nov 11, 2015)

If it says 1 month then give them 1 month from the day you hand in your notice. If they disagree then just leave anyway. They can't come back as it says 1 month in your contract.


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## Vmlopes (Jan 8, 2012)

m4rkymark said:


> So am I right in thinking if they don't pay you from 18th to 9th April then your going to loose 3 weeks, or thereabouts, money? how many days holidays do you have? They should be paying you but sounds like they are trying to stitch you up.
> 
> If you are in any doubt speak to acas about the issue.


I have 4 days accrued which they have confirmed they will pay as they want me to work till the 18th. But yeah they have said they will not pay from the 18th March to 9th April which is the notice period I offered to work. 1 month as per my contract.

Their argument is they say that the wording of 1 month as per the contract means 1 contract month or from the 1st of a month till the end of the month. Therefore I am leaving earlier than my contracted notice period.

Not only that they have asked me to sign a full and final settlement letter prior to my final day, and I'm almost certain that if I don't they won't pay me anything i.e up to the 18th and the accrued holiday!


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## James_R (Jun 28, 2007)

No mate.
You gave them a months notice, assuming in your contract it doesn't say one full calendar months notice.
You are entitled to work there for a month, and if they ask you to leave early, then they have to put you on garden leave, you should get paid until the final notice day.
If you ask to leave early, then they don't have to pay you the full months notice.

You need to be clear what they want you to put in writing, basically they are having your pants down for 3 weeks wages if you leave on 18th.

If they ASKED you to leave on the 18th, write in the letter that THEY ASKED YOU TO FINISH ON 18th, and that whilst you aren't at work, you are still officially entitled to your accrued holidays and notice period.

Sounds like they're just trying to save a bit of money.

Failing that, do the months notice, and following day after putting your notice in, self cert yourself for a week, then get signed off by the doctor with the stress and anxiety of it all for another 3 weeks.

Nothing they can do.

Or if you want to do it properly, just sit it out for the full month from 8th March to the 9th April


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## m4rkymark (Aug 17, 2014)

I would point them to http://m.acas.org.uk/index.aspx?articleid=4095 and https://www.gov.uk/handing-in-your-notice/giving-notice

Both these links tell you notice starts the day after you hand your notice in.


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## Vmlopes (Jan 8, 2012)

James_R said:


> No mate.
> You gave them a months notice, assuming in your contract it doesn't say one full calendar months notice.
> You are entitled to work there for a month, and if they ask you to leave early, then they have to put you on garden leave, you should get paid until the final notice day.
> If you ask to leave early, then they don't have to pay you the full months notice.
> ...


My contract specifically states 1 month notice to be given by either party. They suggested the 18th, I have no idea why? Other than they are now saying that i wanted to leave earlier than the 30th April. I have always offered to work 1 calendar month, and have also put this in my notice letter. I can start my new employment on the 21st, but feel like they are doing me out of a load of money!


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## Darlofan (Nov 24, 2010)

They are trying to do you out of a lot of money. As above put everything in writing (keep it as amicable from your side). Even conversations had follow up with an email to confirm(you might need it as evidence). Tell them you've spoken to ACAS/solicitor and your contract states 1 month not 1 calendar month. This may be enough to make them think. Same happened to me years back, my employer (15 years and excellent relationship) said I had to give a month not week as my contract said because I'd been with them so long. They withheld holiday pay accrued until I blagged id spoken to a solicitor. Was a sad way to leave but I got what was owed.


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## James_R (Jun 28, 2007)

If you CAN start on the 21st and WANT TO start on the 21st, then just get on with it mate.

If you take the contractually entitled months notice, or in fact the payment in lieu of notice / take garden leave, you aren't technically allowed to work anywhere else until that notice period ends.

Its your call, but at least you have a bit of ammo now.


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## Hufty (Apr 27, 2015)

Keep any company property as hostage, happy to return phone laptop etc when you receive what is due, I'd delete all the files as well !


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## James_R (Jun 28, 2007)

Hufty said:


> Keep any company property as hostage, happy to return phone laptop etc when you receive what is due, I'd delete all the files as well !


I did this when I handed my notice in at one company, and they put me on garden leave.
So I kept the company car, mobile phone and credit card until the final months wages landed in my bank (agreed with the directors)

Worked a treat, everyone got what they expected.


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## lowejackson (Feb 23, 2006)

This kind of thing is quite common. Most of the time both sides stick to the contract wording. Where both sides happily change it to more or less notice, there is not really a problem. If they are suggesting less notice i.e. less money then it is up to you to decide if this is acceptable. Often a firm will give short notice or garden leave and this way you would get the full amount in a lump sum or paid to stay at home. Not paying you the full amount is a unlawful deduction of wages. You will continue to accrue all rights i.e. holidays until your final day of work

Be very careful about keeping any company property. Most of the time such things are discussed during the negotiations but do nothing unusual with their property. Many a good deal has gone horribly wrong over unwise use of company items


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## shycho (Sep 7, 2010)

m4rkymark said:


> If you contract says 1 calendar month then I would expect it to be 30 or 31 days from your date of notice but wouldn't expect anyone to argue over a day,


Just FYI a calendar month, is not 30 or 31 days it is one full month in a calendar. EG: If you give your notice in on the 2nd of March, one full calendar month is 1st April - 30th April not 2nd March - 2nd April.

Therefore you could give your notice in on the 2nd March or the 31st March, but your last day would still be 30th April.

The OP needs to be clear that his contract doesn't say Calendar month under his contract.


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## slim_boy_fat (Jun 23, 2006)

I'd stop discussing/negotiating by Skype, keep everything in writing. It's easy for conversations to go downhill if tempers get raised.


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## Vmlopes (Jan 8, 2012)

shycho said:


> Just FYI a calendar month, is not 30 or 31 days it is one full month in a calendar. EG: If you give your notice in on the 2nd of March, one full calendar month is 1st April - 30th April not 2nd March - 2nd April.
> 
> Therefore you could give your notice in on the 2nd March or the 31st March, but your last day would still be 30th April.
> 
> The OP needs to be clear that his contract doesn't say Calendar month under his contract.


As above my contract clearly states 1 month notice, nothing in there about a calendar month.

Not sure I agree with what your saying above though, a calendar month and a month are the same thing see http://www.duhaime.org/LegalDictionary/C/CalendarMonth.aspx and http://www.legislation.gov.uk/ukpga/1978/30/pdfs/ukpga_19780030_en.pdf see page 13 for the definition of a month


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## Vmlopes (Jan 8, 2012)

The actual wording in my contract, as follows:

1.	Notice: This appointment may be terminated at any time by either party serving written statutory notice, one month, or otherwise as provided by the current legislation as may be amended by statute from time to time.


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