Partner leaving her job

hjb123

Manhattan,

I would have thought that they would be able to withold money owed to you but you are best speaking to CAB or ACAS. In reality you have broken the contract if you only give a weeks notice

Dalkirst

manhattan wrote:

just a quick question while on the subject.

what happens if a company has a 1 months notice policy,but you only give them 1 weeks notice? (which would be a weeks holiday notice)

can they with hold any money owed to you? etc?

This is why my other half has to work her 4 weeks notice as the care home held back,some time ago,3 days money which is a weeks pay as she is part time.She has to work the notice to be able to get that back:rolleyes:


Right in response to the holiday part in the contract i can't see anything about when the holiday's run from etc.
All i can see and will post here,all be it parts of it,are(in my own words to make it quicker;)):

a)Staff are allowed 4 weeks anual leave on completion of 13 weeks service.

b)The length of the holiday period must match time worked ie 1 week hols for 3 months work and 3 weeks hols for 9 months work.

c)Leave cannot be accumulated from year to year.Employees will forfeit any leave which they fail to take before April every year

d)The employee shall give not less than 2 weeks notice of dates for preferred annual leave.

That's about it really:)

hjb123

It looks like the holiday year runs from April to April by what you say :

Employees will forfeit any leave which they fail to take before April every year

Therefore at the moment she will have done 2.5 months of work in the new holiday year, that works out at roughly 20% of the year. Therefore I would of thought that she should get 20% of her annual leave, if at 4 weeks this works out at less than a week?

Dalkirst

Oh right thanks so we'll leave it at the one week they said she can have then if we're getting more than we should:D

hjb123

Well it was just a rough working but you might be best leaving it - I just worked out as the holiday year starting from april, what percentage of the year she had worked so far and applying that to the yearly holiday entitlement.

Dalkirst

Hey guys just another quick question if i may.She has left the job,well is leaving and starts the new one on the 17th July.What i wanted to know is as we haven't had an holiday this year and not sure if we will do how much holiday would she be entitled to at the new place?
I know it says in the contract that it's 4 weeks a year but is she entitled to that straight away as i think i recall at the job she's leaving it was say 2 weeks and once you'd been there a year then it might have been the full entitlement...i could be wrong.

So we could ask the new place how much but it wouldn't look to good before she's actually even started.It's probably too late now to say we have an holiday booked for a date(even though we don't) so they have to honour it as we haven't mentioned it so far

I suppose we could ask them but was wondering if there was anyone on here first that would have any idea?:)

Thanks

dawnydee73

I work in a care home and we had to work a 13 week probation period. During the 13 weeks, we are not allowed to take holidays, then (this is policy for where I work)she will only have an holiday entitlement from August to the end of March. It is worked out where I work if she worked 30 hours a work she would have 80 hours entitlement for this year, then from April it would be 120 hours - thats if the holiday year starts in April, some start in January

hjb123

You would need to check her new contract about holidays but as the previous poster says she will probably be in a probationery period and not be able to take them unless prior agreed. Often when in interviews or accepting a new job they ask if you have any holidays already booked.

Dalkirst

hjb123 wrote:

You would need to check her new contract about holidays but as the previous poster says she will probably be in a probationery period and not be able to take them unless prior agreed. Often when in interviews or accepting a new job they ask if you have any holidays already booked.

Well they never asked so maybe it isn't too late:rotfl:

It says in the contract for the new place:

GRA will pay the member 4 weeks holiday pay in accordance with the EEC directive IE if the member works for 13 consecutive weeks the holiday pay will be calculated as follows.The member will aquire 1 hour for every 13 hours worked through GRA.For the purpose of regulations the leave year runs from the 1st October to the 30th September.The member must give at least one months notice to GRA of the dates he/she propose to take annual leave.

So i assume that bit about if she works for 13 consecutive weeks is what you have said she will have to work this period of time before being entitled to holiday's?:(

hjb123

Yeah it looks like that. Most companies have a 13 week probationery period so I would of thought the 13 weeks it mentions are that!