many of you probably know we are emigrating to Cyprus in October, my husband is [ was !] business manager for a large auto company, he thought he was being fair and handed in 2 mths notice, the next day he went into work to be told to clear his office that they were terminating his contract immediately!...........we ploughed through his employee hand book but there is no mention of notice period [ on either side], the only mention is of instant dissmissal for gross misconduct then the employee gets a weeks pay in leiu of notice.........i hardly think giving 2 mths notice fits into gross misconduct?.......however, we decided to wait to see how much pay actually went into the bank, he was paid his normal months pay,plus a week basic pay [ he resigned on the 12th] but he has 3 weeks of commission earned that has not been paid either!
....is there a statutory law that says they only need to give a weeks notice even though a longer period of notice was given?...........we are not expecting 2 mths notice pay, but think a weeks pay with no notice period a bit off, especially as its impossible to get a job fora few weeks to take us up to our leaving date!......i have ploughed through employment sites but cant find anything to help, would we be best going to C.A.B.?
any help would be great
thanks
Pauline

Hi I dont work in the emplment sector now but I did and it was always the case that monthly paid meant giving a months notice. Weekly paid one week unless otherwise stated in hand book.  I would go to CAB and also as for a written reason for dismissal from his employment.  If he signs on, only for a short time I know, the employers will have to give a good reason why they let him go then if it is not sastifacory you may have a case against them and they may pay up to avoid a drawn out case.  The DWP and the CAB would be my first port of call.

thank you Echo...........i hope you are right on this, it was my thought too but i'm a bit out of touch, i was just concerned that because there is nothing in the handbook they could do what ever they like?
Pauline

Hi Pauline, I think this may be normal practise in business. My husband also works in the motor trade, and while this hasn't happened to him personally, it has happened to people he knows. I think they do it to limit the former employee being able to steal customers as it were. Not likely in your case I know.

I would have thought that your husband should be entitled to full pay though, until the day he would have actually left work in his notice letter.

I agree, a word with CAB is a good idea.

Dawn R.

I am also out of touch but I don't think things have changed and an employee has to be given a letter asking for the offending practice to be stopped and only if the offending practice is continued can the employers dispense with the services of the employee.  In this case if the employer wished to remove your husband from the work place they should have negotiated to compensate for any loss of commission and paid the two months standard pay along with any holiday pay due. I would defiantly contact CAB and your husband should sign on as then the employer will have to give written explanation of their treatment of your husband.

Hope you move goes well and you are happy in your new country.

I know what you mean Nursey but in that case he should have been put on 'Garden Leave.' and paid to the end of the month. 

On Garden Leave you cant work for another company so in theory cant steal their customers. Let us know what the DWP and CAB say you never know it may help someone else.

thank you everyone i will get back to you once we have taken advice
Pauline

I'd also give ACAS a call - 08457 47 47 47.  (acas.org.uk) I have found them really helpful in the past, only advice would be to have as much info available when you call them as their advice can only be as good as the the info you are able to give them.  Good Luck.

Sorry, more than a bit off topic, but it's funny seeing my name as someone elses username. It's a username I use myself on other forums.

Dawn R.

Hi Dawn.  What a coinsidence.  I use my name as a username on others too, but this is the only dog site I use so far.  I also sign most of my emails and letters that way too, do you?

Again what does his contract say? Its not terribly unusual for someone to be asked to leave quickly, but they should pay him in lieu of notice (as on his contract) plus commission and any holidays due.
If he is paid weekly, he is due 1 week, ditto monthly a month. Re giving two months I think he should have quit with 1 month to go if that was on his contract. The contract is the document to sort it all out. If not try ACCAS they will advise and negociate with the x employer for you.

Hi WHISTLER
                 there is absolutely NOTHING in his contract about notice on either side, thats why we cant work out what is due..............we do have an appointment now with C.A.B so i'll let you all know how it goes
Pauline

Contracts should have those details in plus grievance procedures, you may have them by the short and c----es on this as their contract may not be legal!  CAB are not legal experts on this type of case. Try ACAS ( better if I spell it right) go online ask their advice send copy contract and you should be fine. They deal with employment law!! good luck.

you are a Gem!.....thank you x

many contracts are extremely basic but there will be conditions of service or policies which will be referred to in the contract.  If he is not allowed back in the workplace it would help if he could get one of his allies to photocopy any relevant policies or the staff handbook and get that to him.