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Bold leap into retirement
Comments
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Is there really any chance of any civil service vol scheme under the current govt?
I think....0 -
Several currently active as I type…
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The legal position is that the employer can recover the cost of putting them back in the position that they would have been if notice was served. In practical terms this may mean employing a contractor or temp at a greater cost to cover the notice period, and recovering the cost difference from the employee. I don't know how often actually this happens - I suspect seldom.
Probably the more common situation is the employee 'goes off with stress' - in which case there isn't really anything the employer can do.
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I'm sure yo are right, but I thought (probably stupidly) that in fact notice was contractual and therefore leaving without giving notice was a breach of contract. In that case wouldn't redress be dependent upon what the contract says?
er…now I think about it probably wouldn't say much so it will depend upon case law - but what I'm getting at is an employer could withhold pay for the notice period as you haven't worked it, but recouping losses from pay such as you describe would surely involve having to go to court first?
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Yes, I think going to court would be the last resort, and probably not likely to happen unless the employer can demonstrate a significant consequential loss to make it worth their while.
Withholding pay, pay for leave owed etc. would probably be the most likely outcome in most cases.
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They wouldn't be able to withhold pay, or accrued holiday pay, up to the date they actually left but may be able, if the contract specifies, to deduct additional costs incurred in bringing someone else in to do the work that the person leaving early would have done.
If the contract didn't specify this then they would have to go down the breach of contract route to recover the additional costs. Not sure many employers would bother though unless it was some very specialised role and had a significant impact.
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Completely different here. It doesn't matter why someone is leaving. They either give 1 month notice or 3 (depending on contract) but virtually always work to the end of that period. I haven't come across the 1 day a week off to prepare for retirement. I am on reduced days anyway.
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i was simply going to resign rather than 'retire' as i wasnt going to start my work DB pension, i'm using my SIPP/ISA for a couple of years. a collegue said to say youre retiring, it doesnt matter whether yoiu are drawing your work pension. that way i got an extra FIVE days paid leave! as well as your full years holiday entitlement - minus any used - not just pro rata that you would have got if you resigned. i had to double check with HR, very nice billy bonus on leaving. its been 10mnts now, not regretting it. to day i popped along to a free exhibition of NASA project Gemini photos at the Albert Hall. popped to cafe for a slice of cake and got the bus home as i wasnt in a rush (top deck, front seat). and to think i could have been in meetings or sweating over a document that would probably never be read
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Why would you get the full year's holiday entitlement plus 5 days and not just pro rata? Our leave year has only just started. I have days booked but not yet taken.
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Some companies do that kind of thing as a sort of retirement bonus. Very nice, although not common.
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