Lieu of notice

Posted 3rd Aug 2023
Going through redundancy and my manager had meeting with me 30 July saying they might not pay me lieu of notice of 5 weeks employment ending on 31 July

I told him you told me in last day of my employment 30 July that I will not get paid

Today I got letter from company saying that they will not pay me and want me to work for that money

My new job is starting next week and I asked my manager he saying they will not pay as it's company discretion

Please advise
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  1. M4tt31's avatar
    When was your last day, what's the situation with the company? are they insolvent? or certain roles made redundant? your post isn't very clear or provide enough details for anyone to advise.

    If they're insolvent and you were let go without any notice and should have had 5 weeks notice. You claim it via the .gov website and the company should provide you with the details to do so, however if you do any work/claim anything or get a new job in that 5 week notice period that is deducted from whatever notice payments you should receive. That wouldn't affect the actual redundancy payment though its in addition. (edited)
    m40's avatar
    Author
    Last day 30 July
    Company is still there's but our role made redundant notice given on 19 July on 30 July manager pops in and told we might not get lieu of notice amount as it's a discretion and you have to work (edited)
  2. tek-monkey's avatar
    As I understand it your last day is not July 30th, thats just the date they were giving you notice. Your last day would be the length of your notice period after that date. Some companies want rid of you immediately and pay you off, others make you work your notice, there is no right to payment in lieu of notice as such if they want you to work then you have to.

    If July 30th was your last day of work there is no notice period for you to be paid for, it's passed?
    tek-monkey's avatar
    Just saw your other reply, whats your notice period for them getting rid of you?

    They probably realised you got another job and decided to save themselves some money, sound like a lovely lot to work for! Saying that at least 2 companies I've worked for have said if they give you garden leave then you can't start another job in that time and have to be able to work if they request it.
  3. deleted655321's avatar
    [deleted]
    tek-monkey's avatar
    You're assuming sick pay, and that they don't know (s)he's already working elsewhere. (edited)
  4. deleted9453's avatar
    They clearly know you have a new job.

    I took redundancy years back and got 8 weeks lieu of notice. I told nobody I'd already got a new job before the pay landed in my account.

    It meant I was on a BR tax code on new job until I got my P45 but it was then sorted as soon as this was processed.

    By law they have to pay lieu of notice if they aren't requiring you to work but they can just make you work your notice.

    Just start new job and forget about the lieu of notice and enjoy the tax free redundancy money.
    HellRazer's avatar
    Tax free to a limit.
  5. adam.mt's avatar
    When's the new job start?

    What they have said is that you told them you didn't want to work your notice period, so they've agreed you can leave on the 31st July, and that's when they will stop paying you.

    What's happened the last 3 days, or were you not due to work?

    If you're not starting your new job yet, then either you'll have a period without pay or you need to backtrack and say you're now willing to work your notice. If you were due in the last few days and didn't go, that won't go down well, ie. don't expect them to accommodate this change of mind. (edited)
    m40's avatar
    Author
    New job start anytime I am waiting for start date
    Last date of employment they said you have to work and we say no and asked for reason and said got a job lined up the manager pretends that a genuine reason that was Sunday just passed
    Monday was my day off
    Tuesday was my shift but no communication till today and they send us a mail


    Your notice period will commenced on 19th July 2023. Your contractual notice period is 5 weeks and you will be

    required to work your notice and therefore will not be paid in lieu of notice. As discussed in our verbal conversation

    yesterday, you said you were not willing to work your notice period as you had already found alternative employment.

    As you are aware payment in lieu of notice is discretionary, therefore in view of your rejection to work the remaining

    weeks of your notice period, I can confirm that your last working day will be 31st July and you will not receive any pay

    in lieu of notice.
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