The person may feel like they were willing to work, but a reasonable employer would not say the above unless the staff member was showing no interest in actually working.
Very true, always two sides to each story and then some truth somewhere in between. Gardening leave is less common than it used to be, there would be no question that payment would be expected where an employer makes such a request. The OP didn't suggest they were asked not to work though, so I doubt it applies here.There can be many valid business reasons to ask a person not to work their notice. It may even be policy.
The WRC find in the employee's favour in ~40% of cases, with awards that sometimes run into the hundreds of thousands. Many employers settle strong cases brought to the WRC rather than risk the negative publicity of a ruling against them.Take them to the WRC, but, in my experience, they are wasting their time.
Enforcement of employment legislation is non-existent.
Yes, that is often the case.Very true, always two sides to each story and then some truth somewhere in between.
Huh? According to the OP, the employer said:The OP didn't suggest they were asked not to work though, so I doubt it applies here.
and"...don't bother working your 1 weeks notice..."
That sounds like an instruction not to work out the notice period, not an offer to.choose to do so!"...if you don't want to work here then just leave now."
The WRC find in the employee's favour in ~40% of cases, with awards that sometimes run into the hundreds of thousands. Many employers settle strong cases brought to the WRC rather than risk the negative publicity of a ruling against them.
What legislation are you referring to that is of relevance here?
That sounds like an instruction not to work out the notice period, not an offer to.choose to do so!
This legislation refers to a minimum period of employment of 13 weeks. So, maybe not applicable in this case
As for the WRC , most of the successful cases are pursued by trade unions, who have the time and resources to trawl through the process.
I'm going on my own experience. Where a complaint was issued 8 months ago. It was acknowledged, a phone call was made and since then, nothing.You have a link for that? The process isn't that complex.
The use of 'if' is an explicit choice. 'If you don't want to' is how you offer a choice, not an ultimatum.
Fair enough, you had a bad experience, but I don't think you can extrapolate that to be representative of every case and assume that union representation is of great importance.I'm going on my own experience. Where a complaint was issued 8 months ago. It was acknowledged, a phone call was made and since then, nothing.
The if refers to leaving not working the notice. That's my interpretation.
Yeah, but the employer is not legally obliged to pay if they choose not to work out the notice.
The WRC has not distinguished itself during the pandemic and was very slow to the whole remote hearing party. It was also upended by the Zalewski decision in the Supreme Court which set aside some of its procedures and practices. The upshot is that months went by with no hearings whatsoever and there's now a massive delay of over 12 months for cases to get on.I'm going on my own experience. Where a complaint was issued 8 months ago. It was acknowledged, a phone call was made and since then, nothing.
Big employers might have some reputational reasons to respond to complaints through the WRC, but SME's just ignore them.
As the employer, himself, told me, " you can go that route, but it won't make any difference". So far, he seems to be right.
That's nonsense. The WRC process is very straightforward. If there is any sort of a case they will find in favour of the employee. The awards are usually much smaller than the employee expects.Big employers might have some reputational reasons to respond to complaints through the WRC, but SME's just ignore them.
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