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

Savvy_Sue

Mudd14 wrote: »

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

not great advice: even if they've already given a reference, the day may come when you need them for a second reference, and if they think you went sick just to avoid working your last week, it won't do you any favours.

paddedjohn

pinkshoes wrote: »

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.

The employer could still cancel the holiday with the correct notice.

November5th

Well, it looks like we are back to the old chestnut of 'reasonable' behaviour. My employers are being very unreasonable, in a way that in a 20 year career I have not experienced (been lucky?), however they hold all the cards.

I am leaving when I choose, I think this HR department have little better to do then sue me, so go for it.

References are not an issue, if they have their jackboots on when I have done nothing wrong, it wont be HR that is contacted for references, rather my manager! My manager is great, but powerless when it comes to this insane law unto themselves department!

What scares me is how inhuman it is, and how people cow tow to it. Grow a pair.

Emmzi

so it is fine to ignore the contract you signed when you don't like it any more?

Think your attitude is a little one sided and immature. If they decided to half your pay because they no longer liked the contract you'd have something to say about it.

November5th

I have so much holiday accrued because I worked very hard and took no time off. I am leaving because they are a rubbish employer. What do I care? They are getting about 10 resignations a month at the moment, I think they will be too busy dealing with the ex employees suing them then suing me. I'll take that risk.

Uncertain

pinkshoes wrote: »

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

On what do you base that sweeping statement?

My experience is the complete opposite. If you have handed your notice in the employer knows you heart is not in the job and some go as far as to pay garden leave rather than have you on the premises.

I would have thought "most" would be happy to save the money.

I could point you to one large employer (c. 10K staff) who's handbook says very clearly that, save the most exceptional circumstances, you must take all outstanding leave during your notice period.

November5th

Uncertain wrote: »

On what do you base that sweeping statement?

My experience is the complete opposite. If you have handed your notice in the employer knows you heart is not in the job and some go as far as to pay garden leave rather than have you on the premises.

I would have thought "most" would be happy to save the money.

I could point you to one large employer (c. 10K staff) who's handbook says very clearly that, save the most exceptional circumstances, you must take all outstanding leave during your notice period.

This is true. My friends and colleagues have found what they are doing shocking. Forget about what it is costing them to have to pay me the holiday rather than let me take it. But they do this rubbish, and my fellow employees hear of it, and they can't wait to leave, and the cycle turns. At this rate, the company will be gone in a year, and this is a corporate. Everyone has authority, no-one has accountability. I am overjoyed to be out of it.

Remember - 6 months accrued leave - all my projects signed off and finalised by next Friday - replacement has been at the company three years and only took six months maternity. In those six months despite repeated requests I did not get any training on their systems - so how the heck am I going to, er, train someone who knows them better than me? Also, they will not allow her to start a week earlier (she is willing). What the hell is this?

UNREASONABLE.

Uncertain

To have any chance of successfully suing you they would have to show that they had actually suffered a quantifiable loss AND that they had take all reasonable steps to minimise the loss. It is not just a case of hiring an expensive subcontractor and sending you the bill as some on here seem to think!

Obviously if you give them some notice this becomes far harder than if you simply walk out as they have had time to plan.

My worry, as I said in an earlier post, would be ending up in a tit for tat situation where it proves difficult for you to get what you are owed.

You are in the best position to know how their minds work and what has happened in similar situations in the past.

Equally this board is full of people who love ramming their claimed morals down other peoples throats. I can't help wondering if their ideals would slip a touch if they were in the same situation. Equally they have no idea of whether your employers are good , bad or indifferent.

November5th

Uncertain wrote: »

To have any chance of successfully suing you they would have to show that they had actually suffered a quantifiable loss AND that they had take all reasonable steps to minimise the loss. It is not just a case of hiring an expensive subcontractor and sending you the bill as some on here seem to think!

Obviously if you give them some notice this becomes far harder than if you simply walk out as they have had time to plan.

My worry, as I said in an earlier post, would be ending up in a tit for tat situation where it proves difficult for you to get what you are owed.

You are in the best position to know how their minds work and what has happened in similar situations in the past.

Equally this board is full of people who love ramming their claimed morals down other peoples throats. I can't help wondering if their ideals would slip a touch if they were in the same situation. Equally they have no idea of whether your employers are good , bad or indifferent.

My feeling is that they are kind of automated, which is also my fear as their isn't someone being rational here. It's not their money they are spending, and the HR team are keen to justify their jobs (at great cost to the company so far from what I hear - they lose a lot).
If they take this to a tribunal do you think they can prove that they acted reasonably?
Mu poor woolly manager has now emailed me stating a date where myself and my team mate MUST work because he will be out of the office - this just happens to be the exact date I start my new job. Thing is - he is always out of the office anyway, and has never made this request before. It's a cheap shot, and he has lowered himself in my estimation for being such a mug.
Why on earth does this company want to leave it's ex-employees with such a bad taste in their mouths - in fact, make an attempt to spoil my new job?
How can a corporate culture be so unsophisticated and immature?

Acc72

November5th wrote: »

My employers are being very unreasonable,

I am leaving when I choose,

References are not an issue, if they have their jackboots on when I have done nothing wrong,

it wont be HR that is contacted for references, rather my manager!

I am sure your employer could argue that you are being equally unreasonable.

Just a comment about the reference - what is your employers policy ? (eg. are all references issued by HR ?).

Also, bear in mind that if your manager issues a reference on letter headed paper on behalf of the company then it must be factually correct. If he is contacted as a personal / character reference then it is slightly different.

Also, remember that your manager may not provide the reference that you want, and also he might leave the company in the near future and you will still need to contact HR.

The best way forward would be to calmly negotiate an early release - by you explaining that all your work is up to date etc. etc. and leave on a positive note.