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

November5th

When I interviewed for the job I was still in a probationary period and on one weeks notice. My probationary period was then ended a month early. This was just before my job offer. Otherwise I would have no issue working the whole month.
Should I now write them a professional statement telling them I intend to take all my leave?

Mistral001

"Professional statement"? What is that? I think we going into the realms of making up our own employment law to be honest.

November5th

Mistral001 wrote: »

"Professional statement"? What is that? I think we going into the realms of making up our own employment law to be honest.

Not sure what you mean? I am going to inform them that I will be taking all my leave as per my contract. It is then up to them to provide valid reasons why they will not allow this. I will then point out that no other employee I know of has been denied their leave on resigning, and that all of my tasks can be handed over to other employees, with ease. If I was the only one in that company who could perform these tasks I would say that company would be in big trouble, and they will look foolish taking that line.
However, I need paperwork in place for any subsequent appearance at court. I committed a start date to the new company at interview (in good faith that I had only to work a weeks notice) and I believe I am better served honouring that commitment, no?

getmore4less

Is the new job offer unconditional?

What does your contract say about probationary.

You may have been able to refuse the changes in notice. but probably too late now.

Jarndyce

November5th wrote: »

Not sure what you mean? I am going to inform them that I will be taking all my leave as per my contract. It is then up to them to provide valid reasons why they will not allow this. I will then point out that no other employee I know of has been denied their leave on resigning, and that all of my tasks can be handed over to other employees, with ease. If I was the only one in that company who could perform these tasks I would say that company would be in big trouble, and they will look foolish taking that line.
However, I need paperwork in place for any subsequent appearance at court. I committed a start date to the new company at interview (in good faith that I had only to work a weeks notice) and I believe I am better served honouring that commitment, no?

Is that all you have to do in court nowadays? Make the other party look foolish? And here's me thinking that something silly like the law came into it.

Look - you have been told what the risk is, and its a bit rich you talking about 'honouring commitment' when in making that commitment you knowingly broke another one - your employment contract with your current employer.

Just do what you think's right - but don't come on here trying to justify it to us as some sort of morally righteous action, because it aint.

November5th

Morally righteous? I am wondering how an independent judge might see it.
They are required by law to be reasonable. I am entitled to my leave as per my contract. I am taking the risk of being sued and am looking at the ins and outs of it and hoping that someone has experienced this sort of thing before. The company are also not applying their policies consistently, as they are obliged to do.
Morally righteous? I am standing up for myself.

Jarndyce

November5th wrote: »

Morally righteous? I am wondering how an independent judge might see it.
They are required by law to be reasonable. I am entitled to my leave as per my contract. I am taking the risk of being sued and am looking at the ins and outs of it and hoping that someone has experienced this sort of thing before. The company are also not applying their policies consistently, as they are obliged to do.
Morally righteous? I am standing up for myself.

You really don't get it do you. If it gets as far as a court you are stuffed - you have knowingly and quite clearly breached your contract. Judges don't look at what they think is reasonable or not - they apply the law. It is not a case of whether you were reasonably entitled to do so, you weren't. The company is NOT required by law to apply their policies consistently. You were required to wok your notice, you did not work your notice. Your only hope is that the company do NOT take you to court.

November5th

Jarndyce wrote: »

You really don't get it do you. If it gets as far as a court you are stuffed - you have knowingly and quite clearly breached your contract. Judges don't look at what they think is reasonable or not - they apply the law. It is not a case of whether you were reasonably entitled to do so, you weren't. The company is NOT required by law to apply their policies consistently. You were required to wok your notice, you did not work your notice. Your only hope is that the company do NOT take you to court.

I am legally entitled to my leave unless they have a very good reason to refuse it. In this case they do not.

Jarndyce

November5th wrote: »

I am legally entitled to my leave unless they have a very good reason to refuse it. In this case they do not.

Wrong - they are entitled to refuse your leave unless they do so in an unreasonable way. That is down to YOU to prove.

But hey, you are clearly not hear to listen to independent advice from people who know what they are talking about. You have decided already. Hope you know what you are doing.

Uncertain

November5th wrote: »

I am legally entitled to my leave unless they have a very good reason to refuse it. In this case they do not.

Sorry but this is getting rather like a very tedious thread on here a few weeks back!

You have asked what the position is and a number of us have told you is some detail.

For what it is worth I have also given you my assessment of the risk involved (slight) if you proceed as you seem intent on doing. Others see the risk as somewhat higher.

Simply arguing on here, based on what you perceive the law SHOULD say, is really not going to get you anywhere.

You need to decide to either take the chance or find another way of negotiating a compromise with your current employer.