Annual leave payment when resigning

TheKeymeister

Uncertain wrote: »

Record the conversation. There is no law to prevent you secretly recording a conversation as long as you are party to it!

Is that right?
We had a note from our union that secretly recording conversations with managers is illegal without their permission and they wouldn't support anyone who did. After the last lot of trouble I was going to send him an email and say that any future phone conversations with him would be recorded and if he wasn't happy then to email me instead....but not ideal when I was still working for him!

Sambucus_Nigra

TheKeymeister wrote: »

Is that right?
We had a note from our union that secretly recording conversations with managers is illegal without their permission and they wouldn't support anyone who did. After the last lot of trouble I was going to send him an email and say that any future phone conversations with him would be recorded and if he wasn't happy then to email me instead....but not ideal when I was still working for him!

Who is going to know? If it reaches a point that it's needed then things have broken down too far anyway to worry about what the other person thinks.

It's always good to have in your arsenal just in case you need it. Esp when you know that the boss likes to do things off the record.

Sambucus_Nigra

TheKeymeister wrote: »

Spot on thanks - that's really what I was after, someone to say yes or no before I went in all guns blazing! Cheers

I wouldn't do 'all guns blazing' yet - just do 'I've been doing some research and it appears I was right, here's the link'.

Uncertain

TheKeymeister wrote: »

Is that right?
We had a note from our union that secretly recording conversations with managers is illegal without their permission and they wouldn't support anyone who did. After the last lot of trouble I was going to send him an email and say that any future phone conversations with him would be recorded and if he wasn't happy then to email me instead....but not ideal when I was still working for him!

By the sound of it somebody has got confused between "illegal" and "unlawful"!

By secretly recording a conversation you are party to you are committing no crime. You can't be arrested and prosecuted for it. It may however be viewed by your firm as misconduct so don't get caught doing it!

What is illegal is to record a conversation you are not part of (i.e bugging) as is phone hacking etc.

What gets more complex is what you can do with the recording. As soon as you play it to anybody else (i.e "broadcast it") the other party has a possible civil claim against you under the highly complex and evolving privacy laws.

Transcripts from secret recording have been accepted as evidence under some circumstances at employment tribunals and this has been upheld on appeal.

Even if not accepted, knowing of the recording's existence is a powerful incentive to the other party not to lie in evidence which is perjury, a serious criminal offence. The recording would certainly be admissible in any resulting criminal prosecution.

Horseunderwater

It works out at 2.08 days leave per month worked for the current Annual leave year. So if year started in Jan you'd be due 9 x 2.08 days = 18.72 days pro rata + the 31 hours from last year max less any already taken - but if you were away from your work doing that other thing - would it still apply?

TheKeymeister

I was away from work in the sense that I was working for another part of the business - so still working for 'the company', just a different department

getmore4less

You messed up, the tax would have sorted out easy.

The only issue would have been contractual.


By mutualy negotiating an early termination your release the company from paying your notice .

AIUI this does not release them from their obligations to pay the outstanding statutory holiday including any statutory holiday carried over.

It may be that the contractual requirement to take holiday in notice implies you gave up some of the holiday by asking to reduce notice.

TheKeymeister

Just to wrap this up,

Rang ex-manager, he said that the decision was "with HR". He then went away on annual leave, so I rang HR directly and was put through to someone who said that he was only acting as an adviser to my ex-manager and just gave him advice. Sent a couple of nice emails to ex-manager, heard nothing for a couple of weeks.

Sent an email asking for a correspondence address for the form ET1 for an employment tribunal, copied his boss and the HR director in, funnily enough it suddenly got sorted out...

Worked it out that he short-changed me by about 9 hours annual leave, but decided to not pursue it.

Glad that I didn't, it seems that when I resigned he forgot to cancel my shift allowance payment which more than covered anything that I missed out on!

Lesson learned for next time, but thanks all for steering me in the right direction :-)