Resigned - Employer Now Refusing To Allow Me To Take Any Leave Due

Jarndyce

magenta22 wrote: »

Are they refusing because they need the OP to show them what needs to be done - I would have thought that was obvious!

It doesn't matter why they are refusing - they fact is they are refusing. I would have thought that was obvious!

Jarndyce

November5th wrote: »

What can they get out of me for breach of contract?

The person who will take my role has been on Maternity leave - there is no valid reason for a full handover. (I was not maternity cover though).
She is fully trained in the systems an my own projects will be completed by the end of next week.

In theory they can sue you for the cost of covering your absence, but in practice employers very rarely do this (although we had a big thread on this board recently where it did happen after a poster had been assured it wouldn't, so we have to be a bit careful!)

You'll have to try and negotiate an early release or a later start with the new employer, or weigh up whether its worth the risk to just leave.

magenta22

Jarndyce wrote: »

It doesn't matter why they are refusing - they fact is they are refusing. I would have thought that was obvious!

It was a genuine question trying to help the OP get to the bottom of the reason why. If they were required to provide a handover to the person taking over the role then that would be a valid reason for them saying we would really like it if you would complete your full notice period.

Sometimes you can be really helpful but there are many times where you make digs at people for no apparent reason.

OP - Some companies will look at the notice period and let you complete a shorter one, you could ask if that would be possible. If there is someone taking over who knows the systems and you have another role to go to anyway they might be gracious enough to agree. Of course they could say no but you have the satisfaction of thinking you are leaving anyway.

Uncertain

Jarndyce wrote: »

In theory they can sue you for the cost of covering your absence, but in practice employers very rarely do this (although we had a big thread on this board recently where it did happen after a poster had been assured it wouldn't, so we have to be a bit careful!)

You'll have to try and negotiate an early release or a later start with the new employer, or weigh up whether its worth the risk to just leave.

Indeed.

To some extent it depends on the type of employer.

You may find a small business (illegally) withholds payment of your final wages and any holiday still owing. You could then end up in a messy game of "if you sue us, we'll sue you.

Mudd14

Or you could go off sick for a week? .......

RobertoMoir

magenta22 wrote: »

It was a genuine question trying to help the OP get to the bottom of the reason why. If they were required to provide a handover to the person taking over the role then that would be a valid reason for them saying we would really like it if you would complete your full notice period.

But the "valid reason" thing is a red herring. "Because I feel like it" is a valid enough reason because they're not obliged to let you have the time off, and it sounds like the OP has already asked for leave and been told "no".

magenta22

Unless I have missed it, the OP hasn't answered if this is leave which they have accrued.

Yes we all know that it is up to the employer if they allow it as that has been debated many, many times on this forum but as the OP is leaving anyway does it really make a difference?

Going off sick for a week will not help if the new employer has not already requested and received a reference as current one if not quick to do this will then add these onto form.

OP - my advice would be to have a word with your boss and/or HR and find out if it would be possible to negotiate your notice period - this of course is just my personal opinion.

redcard

magenta22 wrote: »

It was a genuine question trying to help the OP get to the bottom of the reason why. If they were required to provide a handover to the person taking over the role then that would be a valid reason for them saying we would really like it if you would complete your full notice period.

Sometimes you can be really helpful but there are many times where you make digs at people for no apparent reason.

OP - Some companies will look at the notice period and let you complete a shorter one, you could ask if that would be possible. If there is someone taking over who knows the systems and you have another role to go to anyway they might be gracious enough to agree. Of course they could say no but you have the satisfaction of thinking you are leaving anyway.

They want him to work his notice period. That's a valid reason.

Hammyman

November5th wrote: »

What can happen if I leave a week earlier than they would like?

You can be sued for breach of contract, typically they can sue for the cost of temporary staff to cover you.

pinkshoes

Worst case scenario is that they can sue for breach of contract, so that would depend on how much it would cost to employ someone with suitable skills at such short notice. £30 an hour for a contractor for a week would be £1125.

For future reference, if you're planning on handing your notice in and want to use up your holiday, book the holiday first, THEN hand your notice in!

Most companies won't let you take holiday once you've handed notice in.