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employer shortened notice period given by me?!

  • 12-12-2014 06:36PM
    #1
    nine1585
    Registered Users, Registered Users 2 Posts: 8 ✭


    Hi all,

    Maybe one of you can offer some advice.

    I have been on partially paid sick leave for about 5 months now for depression and anxiety preventing me from driving.
    Since it is very likely that I will not be ablevto drive in the near future but need to drive to get to work I handed in my notice - one month.
    HR has now called me and advised they will take my notice with effect of the date on my notice. They told me that because I'm not able to work during the notice period they can do this?!?

    The person on the phone explained this to me and just asked 'ok?' to which I replied that I didn't know they can do this.

    I have not received an email confirming receipt of my notice letter or this phone call.

    Can an employer do this?

    P.s. The season I don't agree with this is that I would still be getting half my salary paid for a month..


Comments

  • #2
    Roselm
    Registered Users, Registered Users 2 Posts: 753 ✭✭✭Roselm


    nine1585 wrote: »
    Hi all,

    Maybe one of you can offer some advice.

    I have been on partially paid sick leave for about 5 months now for depression and anxiety preventing me from driving.
    Since it is very likely that I will not be ablevto drive in the near future but need to drive to get to work I handed in my notice - one month.
    HR has now called me and advised they will take my notice with effect of the date on my notice. They told me that because I'm not able to work during the notice period they can do this?!?

    The person on the phone explained this to me and just asked 'ok?' to which I replied that I didn't know they can do this.

    I have not received an email confirming receipt of my notice letter or this phone call.

    Can an employer do this?

    P.s. The season I don't agree with this is that I would still be getting half my salary paid for a month..

    You mean they are taking the start point of the months notice as the date on the letter rather than the date you specified?


  • #3
    BoatMad
    Registered Users, Registered Users 2 Posts: 13,702 ✭✭✭✭BoatMad


    if you mean the date in the letter or the date ou handed it in, it would be legal practice to take the letter date.


  • #4
    nine1585
    Registered Users, Registered Users 2 Posts: 8 ✭nine1585


    HR told me that they would take the date on my notice letter as my last day in the job


  • #5
    BoatMad
    Registered Users, Registered Users 2 Posts: 13,702 ✭✭✭✭BoatMad


    nine1585 wrote: »
    HR told me that they would take the date on my notice letter as my last day in the job


    That would be correct,( they doing have to do this but they can) after all you are the one giving the notice. They have to pay you the agreed notice period, under employment law, which may not of course be the same as your notice period.


  • #6
    nine1585
    Registered Users, Registered Users 2 Posts: 8 ✭nine1585


    BoatMad wrote: »
    That would be correct,( they doing have to do this but they can) after all you are the one giving the notice. They have to pay you the agreed notice period, under employment law, which may not of course be the same as your notice period.

    Does this mean that even though I have to give one months notice they as the employer can take it upon themselves to shorten it without paying me for that month?


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  • #7
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    nine1585 wrote: »
    Does this mean that even though I have to give one months notice they as the employer can take it upon themselves to shorten it without paying me for that month?



    So basically you said in your letter "Today the 12th Dec. I would like to resign and give one months notice and will finish up on 11th Jan" and they called you and said it was effective immediately and you were finished on the 12th Dec?


  • #8
    nine1585
    Registered Users, Registered Users 2 Posts: 8 ✭nine1585


    Stheno wrote: »
    So basically you said in your letter "Today the 12th Dec. I would like to resign and give one months notice and will finish up on 11th Jan" and they called you and said it was effective immediately and you were finished on the 12th Dec?

    Exactly...


  • #9
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    nine1585 wrote: »
    Exactly...

    What does your contract say about notice?


  • #10
    BoatMad
    Registered Users, Registered Users 2 Posts: 13,702 ✭✭✭✭BoatMad


    nine1585 wrote: »
    Does this mean that even though I have to give one months notice they as the employer can take it upon themselves to shorten it without paying me for that month?


    The notice period is set down in employment law "Minimum Notice and Terms of Employment Acts 1973–2005."

    you as the employee giving notice the minimum period is one week.

    My understanding is that if you give longer notice and the employer decides to terminate your employment earlier, they have to give you the required notice and pay you for it.

    The issue is complicated where you cannot work, Thats beyond my knowledge


  • #11
    nine1585
    Registered Users, Registered Users 2 Posts: 8 ✭nine1585


    Stheno wrote: »
    What does your contract say about notice?

    My contract states one month notice


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  • #12
    BoatMad
    Registered Users, Registered Users 2 Posts: 13,702 ✭✭✭✭BoatMad


    actually thinking about

    If you are one sick leave, then your employer is actually not entitled to pay you anything, , hence if you give in your notice and you are not available for work due to an illness ( that isn't an occupational illness), you rant entitled to any pay, You are of course entitled to sick pay from DoSw etc.


  • #13
    Mr. Loverman
    Closed Accounts Posts: 4,001 ✭✭✭Mr. Loverman


    nine1585 wrote: »
    My contract states one month notice

    Great, so you will get paid for the month. This is called garden leave.

    If they intend not paying you, that means they effectively fired you and adds a whole new layer of complexity.


  • #14
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,453 ✭✭✭✭Mrs OBumble


    Maybe - it also depends on what the contract says about sick leave.

    I've never heard of a contract offering 1/2 salary for sick leave before. It's possible that that the sick leave arrangement so far is in excess of what is contractually required, and this has an impact especially if it's handled as a medical retirement rather than a resignation.


  • #15
    nine1585
    Registered Users, Registered Users 2 Posts: 8 ✭nine1585


    I was on full salary pick leave for 3 months and then on half salary after that. This is stated in my contract/employee handbook.

    This is not a medical retirement but my resignation is medically motivated.

    I have sent hr an email asking for clarification but have not heard back yet..
    Mrs OBumble wrote: »
    Maybe - it also depends on what the contract says about sick leave.

    I've never heard of a contract offering 1/2 salary for sick leave before. It's possible that that the sick leave arrangement so far is in excess of what is contractuaelly required, and this has an impact especially if it's handled as a medical retirement rather than a resignation.


  • #16
    smcgiff
    Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    nine1585 wrote: »
    I was on full salary pick leave for 3 months and then on half salary after that. This is stated in my contract/employee handbook.

    This is not a medical retirement but my resignation is medically motivated.

    I have sent hr an email asking for clarification but have not heard back yet..

    It looks like your company offers very good benefits to their staff that are absent due to illness. Most companies do not pay anything for time taken during sick leave.

    I suggest checking your contract to ensure there is not a limit to this benefit.

    I would not blame a company not paying half salary to an employee that has announced they were leaving as long as it was not contracted to do so.


  • #17
    gandalf
    Registered Users, Registered Users 2 Posts: 26,458 ✭✭✭✭gandalf


    As everyone says the key is what the contract says and how it says it handles long term sick leave. I think your best bet is to ask HR directly about this in writing and ask them to respond to you via email or a letter to clarify how this is operating from their perspective. As smcgiff has said it appears that you got treated very reasonably with regards to sick leave.


  • #18
    nine1585
    Registered Users, Registered Users 2 Posts: 8 ✭nine1585


    That's exactly what I have done, thanks
    gandalf wrote: »
    As everyone says the key is what the contract says and how it says it handles long term sick leave. I think your best bet is to ask HR directly about this in writing and ask them to respond to you via email or a letter to clarify how this is operating from their perspective. As smcgiff has said it appears that you got treated very reasonably with regards to sick leave.


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