Urgent advice needed please

kerrypn

Thanks googlewhacker, I handed notice in on friday and am due to work tuesday,wednesday,thursday-so could I say I intend to use my annual leave? I hope that would be OK, I dont think he would waste cost on solicitor but I suppose you never know, would my house insurance cover me in this event?

Googlewhacker

kerrypn wrote: »

Thanks googlewhacker, I handed notice in on friday and am due to work tuesday,wednesday,thursday-so could I say I intend to use my annual leave? I hope that would be OK, I dont think he would waste cost on solicitor but I suppose you never know, would my house insurance cover me in this event?

You could ask but they can refuse to allow you to take it as holiday.

kerrypn

Can they dock my pay if I dont work the statutory period?this is my biggest worry TBH as I am worn out by the whole thing, and I dont really want to go through a tribunal, I just want my pay for what I have worked and never step foot in the place again. Sorry I know that sounds really bad, but I have had enough.

Googlewhacker

kerrypn wrote: »

Can they dock my pay if I dont work the statutory period?this is my biggest worry TBH as I am worn out by the whole thing, and I dont really want to go through a tribunal, I just want my pay for what I have worked and never step foot in the place again. Sorry I know that sounds really bad, but I have had enough.

Not legally no but as I said they may refuse to pay your holiday illegally for you not working your notice with the threat of if you try and take them to tribunal over this they will take you to court for breach of contract.

Then its upto you whether it is worth fighting or whether its better to just accept it and move on to a better company

kerrypn

Thanks for clarifying googlewhacker, I will take my chances and if I lose the holiday pay but they pay my wages timely and in full I may just wait to see what the outcome of the ACAS investigation is.

misssmcc

just wanted to say good luck! that company sounds awful! i work in a care home and if we do a 5.5hr shift we get 15 min break, a 7.5hr shift gets 30 min break which i think is good, 12hrs with no break cant be legal surely.

Savvy_Sue

kerrypn wrote: »

Thanks lynz-I will need a reference which they cannot refuse due to the nature of work-it has to be most recent employer.

Sorry, but no employer HAS to give a reference, and if anyone has told you that an employer cannot give you a bad reference that's not true either: a 'bad' reference must be factually accurate. More below.

Talk to your new employer and tell them that you are likely to be upsetting your current employer by only working your STATUTORY notice of one week. Therefore your reference from them is unlikely to be good.

However, I would recommend working that week (not doing any extras mind!) and requesting your leave to be paid: your minimum statutory entitlement is 5.6 weeks so you should be getting 1/3 of that if you've been there 4 weeks, always worth working out what you think you are entitled to, telling the employer, and reminding them that you are entitled to be paid for any leave you have not been able to take.

My reasoning for working the week rather than just not going back is that if your reference says "kerry left without notice and this meant that residents and other staff were put at risk" it's not great, is it? And it's true. You can explain, but that explanation may not carry much weight.

Sambucus_Nigra wrote: »

They can insist all they like; I'd be out of there like a shot. I'd tell them that unless they can show you a signed contract with you agreeing to a month's notice, you will give them the statutory minimum and be done with it.

Yup.

As to your anxiety about whether they can not pay you - well, they CAN not pay you; they would be breaking the law, but you should get the money from them eventually. Personally I'd have thought the chances of getting your money if you work a week's notice were higher than if you say "I'm taking leave in my notice period whether you like it or not."

paulwf

Just remember that although they are desperate for you to work now you ARE replaceable so don't get wrapped up in the place. It only takes a few days to get someone else in to replace you and as you've already handed in your notice they've had time to act on it.

When a member of my staff handed their notice in we were advertising for a replacement within 24 hours, interviewed on day 7 and they started on day 8...so no problem with someone only giving 1 weeks notice.

Chances are they want you to work a month so they can screw everything they can out of you. Don't let them.

jobbingmusician

As so often, I agree with Savvy - your statutory notice period is a week. You should hand in your notice and work this week. You have accrued 1/3 of your yearly holiday as you have been there 4 MONTHS (;)) and they will need to pay you for this in your final pay.

kerrypn

Thank you to everyone who replied.

I rang my manager this am and she asked me to speak to the owner direct which I did.

He said you still need to work the month because I was no longer in my probation period. I said I was only prepared to work the statutory period of one week. He said "if you dont work the one month...(pause)...but I dont want to go down this road with you", not quite sure what that meant. I told him I would not be back, I had hols outstanding and after 10 minutes of trying to bully me into doing a month, he backed down :j

I also phoned my new employer and explained and she said it didnt matter about my reference and in care they do have to give a reference due to adult protection proceedure, so I will get a reference, good or bad.

Thank you to everyone