Leaving my job and greedy employers

santacruz_2

I've been working for a small company for 7 months (retail) and have pretty much hated every minute of it. Unfortunately my employers are of the breed where they know its hard for their workers to find work elsewhere (They actually TOLD US this!) and as such rip us off at every opportunity.

Even though I feel like walking out most weeks I feel I need to give notice just to honor my work collegues as it would be unfair to them. Also they withhold 2 weeks pay so I would lose that.
In my contract (which means nothing to them by the way as they've breached it through changing pay dates/arrangements etc) it says I have to give 1 months notice. I'm worried about this because it means I will be treated like utter crap for a whole month

I'm entitled to 10 days holiday and will be leaving before June, would you advise taking these days a.s.a.p or can I use them within my notice period or what other options are there?

Thanks!

DCFC79

If your treated like crap in your last month then so be it but you will be safe in the knowledge that you are leaving for pastures new,

mancitychick

Most companys would expect you to serve your full month notice period, without using your leave as part of the notice leave. However if you have any leave owing to you, you should paid for this in your final pay packet.

DVardysShadow

santacruz wrote: »

.... In my contract (which means nothing to them by the way as they've breached it through changing pay dates/arrangements etc) it says I have to give 1 months notice. I'm worried about this because it means I will be treated like utter crap for a whole month

Once you give your notice, you are free to answer back!

agrinnall

I would put in a request to take the holiday that's owed within the month prior to your intended leaving date and make sure it's approved before handing in your notice.

SevenOfNine

mancitychick wrote: »

Most companys would expect you to serve your full month notice period, without using your leave as part of the notice leave. However if you have any leave owing to you, you should paid for this in your final pay packet.

WRONG!

"Most companies" don't do that at all. Many have a 'use it or lose it policy', in that if you haven't taken it BEFORE the final leaving date, you lose it.

It's equally likely the OP can hand in their 1 month notice, & at the same time book the owed 10 days leave to be taken during the notice period, and just work the balance.

The only way OP is going to get the definitive answer is to check their T&C's, or ask the employer. I've never actually worked anywhere that paid me for unused leave, I've always had to take it, & always during my notice period (the only exception was when I was made redundant & the T&C's were different in only those circumstances).

paddedjohn

SevenOfNine wrote: »

WRONG!

"Most companies" don't do that at all. Many have a 'use it or lose it policy', in that if you haven't taken it BEFORE the final leaving date, you lose it.

It's equally likely the OP can hand in their 1 month notice, & at the same time book the owed 10 days leave to be taken during the notice period, and just work the balance.

The only way OP is going to get the definitive answer is to check their T&C's, or ask the employer. I've never actually worked anywhere that paid me for unused leave, I've always had to take it, & always during my notice period (the only exception was when I was made redundant & the T&C's were different in only those circumstances).

I disagree, if an employee leaves part way through a holiday year they are entitled to be paid for any unused holidays, it is only use it or lose it an employee doesnt take all the minimum entitlement in the full holiday year and it is illegal for the employer to buy any unused days

SevenOfNine

paddedjohn wrote: »

I disagree, if an employee leaves part way through a holiday year they are entitled to be paid for any unused holidays, it is only use it or lose it an employee doesnt take all the minimum entitlement in the full holiday year and it is illegal for the employer to buy any unused days

No, they are entitled to take any unused leave before going, they are not necessarily 'entitled' to insist on working until the last day & having all their unused leave in their final paypacket instead.

There may be exceptions, but the situation as described by OP isn't one of them. He/she has plenty of time to utilise the 10 days leave owing during the notice period.

Uncertain

paddedjohn wrote: »

I disagree, if an employee leaves part way through a holiday year they are entitled to be paid for any unused holidays, it is only use it or lose it an employee doesnt take all the minimum entitlement in the full holiday year and it is illegal for the employer to buy any unused days

The trouble is when many posters write "most companies" or something similar on here what they really mean is the companies they have experienced - which may well not be the same thing!

Subject to only a few restrictions a company can tell employees when they can or cannot take holiday. The only time they can legally "buy back" untaken statutory holiday is when an employee leaves. In effect this means that they can generally either insist the employee takes any holiday due during the notice period or works the whole time and is paid for the holiday owed after they have gone.

The OP also mentioned the firm tend to withhold two weeks pay if staff leave without notice. Strictly speaking this is not lawful even if such a clause is written into the contract.. The company may (in theory at least) be able to sue the employee for any losses they suffer as a result of the breach of contract but they cannot withhold pay for work done or statutory holiday owed.

Obviously they can threaten "if you sue us, we'll sue you".......

Uncertain

SevenOfNine wrote: »

No, they are entitled to take any unused leave before going, they are not necessarily 'entitled' to insist on working until the last day & having all their unused leave in their final paypacket instead.

Sorry but this is wrong - see my previous post.

Hammyman

SevenOfNine wrote: »

WRONG!

"Most companies" don't do that at all. Many have a 'use it or lose it policy', in that if you haven't taken it BEFORE the final leaving date, you lose it.

That is illegal. If you leave or are dismissed and have holiday pay owing you HAVE to be paid it.

There is no automatic right to rolling over holiday pay from one holiday year to another but there is an automatic right to being paid outstanding holiday pay when leaving or dismissed.