Resigning Not Working Notice

SavedGuy1000

Hi Folks,

Quick question. I am owed 9 Days Holiday from my current employer. Since I am working for them less than 6 Months my period of notice is 1 week. I have now worked 3 weeks for them and I am thinking of taking my last 2 days off.

Can someone tell me if I walked right now would this cause them to stop paying me. On the contract I have met the absolute minimum of 1 week and have worked an additional 2 to help them out but I really don't feel like I should stay any longer.

What is my legal position here? Can they stop the 9 days holiday I am rightfully owed just because I left 2 days before the 3 weeks notice I gave them?

Acc72

Your post is confusing.

So .... You have worked for your employer for less than 6 months ?

Your notice period is 1 week ?

You gave them notice of 3 weeks ?

You now wish to leave after working 2 weeks and 3 days of your 3 week notice ?

You are owed 9 days holiday ?


Why not just speak with your employer - ask them if you can take the last 2 days as holiday and they will then pay the outstanding 7 days in your final pay.

The worst they can say is no, which is the position you think you are in now.

If you just upped and left, in reality it would be unlikely they would sue you for breach of contract (although it has happened) but why would you want to leave on a negative note ?

McKneff

Is there any reason why you cant give them a weeks notice and work it. They may just suggest leaving straightaway and pay you your hoiiday pay.

Walking out and walking away from a responsibility is hardly going to stand yu in good stead for future employment references.

SavedGuy1000

Hi,

I have worked with them Less than 6 Months (Probation) when I got an offer to work with a Friend.

My Contract States that if I work less than 6 Months I must give 1 weeks notice.

Due to everyone else in the team leaving previously I am pretty much the last person around so the HR Manager and my Director guilt tripped me into giving them longer than 1 week.

I agreed to change this to 3 Weeks. However things have really come to a head over this week (week 3) and I think it would be better if I just left 1.5 days early.

I am starting my new Job on Monday and the Amount of Stress and exhaustion I need a few days to re-balance myself so I am fresh.

The reference I think may say I left early but my new employer is the one who is telling me to take some time off to re-balance myself and everyone else I know says after the way the company treated me... I wont go into it here that I should leave.

I haven't even got paid the OverTime that I explicitly asked for.

I am just concerned about loosing holiday pay.

Basically they wont let me leave early because I am holding the work together.

Mistral001

Try to avoid just walking out. That will probably do you no good in the long run as far as I can see. Try to just do your job and nothing more than that during the next few days. Leaving on good terms with an employer is very important just for your own peace of mind in the future appart from anything else.

SavedGuy1000

At this point in time leaving on Good Terms with this employer is not going to be beneficial as they are loosing staff and and hemoraging customers.

In the Industry the company is getting a very bad light as my director specifically has lied to customers and these lies have finally caught up in the the lines of staff leaving and customers asking for money back.

Sometimes upwards of £15,000.

I am just intrested to know will I loose benefits. I dont care about leaving on Good Terms. That left at the door when I the HR Director called me a coward and an idiot for leaving. I dont think that I will get a good Refrence anyway judging by the actions of the directors.

So all I am looking for is my money and run?

Acc72

Ok, not ideal but based on what you have posted (and others will disagree with this approach).

E-mail HR and ask them to confirm when/what your final pay will be - specify that you are owed 9 days holiday (provide a summary or reconciliation if required).

When you have got this tell your manager and HR that you are not feeling well and that you need to go home (confirm to both by e-mail).

Phone in sick tomorrow (followed up by an e-mail to both your manager and HR).

Your final pay should include your holidays and be complete - the only deduction being for the time off sick (there will be SSP payable).

zzzLazyDaisy

Acc72 wrote: »

(there will be SSP payable).

SSP would not be payable as the first three days of sick leave do not qualify for SSP (they are known as 'waiting days')

SavedGuy1000

Sounds a bit more like It now, I like your suggestion Acc72 and to be fair I have not been feeling overly well common. High Blood Pressure by working 7 Day weeks during my notice period. I am exhausted and I need time to rebalance.

*cough*

Acc72

zzzLazyDaisy wrote: »

SSP would not be payable as the first three days of sick leave do not qualify for SSP (they are known as 'waiting days')

Sorry, just realised I missed the "not" out !! ......... just wanted to show that the OP would "lose" this pay (unless their contract states otherwise, and they may even be paid for this absence).