[Misc] O/T Employment advice needed

[Westdene Seagull]

Hope you win but I always thought you hand notice in and then the end date / holiday taken off etc is discussed with management / HR

Never heard of someone telling management the end date etc.

Normally governed by HR after you hand in notice.

Hope you get it back though

Really ? I've always told my employer my last day when I resign - just as long as it's on the limit or after your notice period then they have no choice.

 

[Justice]

The way the letter was worded probably pissed them off, they have paid to the 5th with no intention of ever paying for the holiday. Maybe if the letter was worded differently she may have been ok.

 

[colinz]

Whether she takes it or not, she should still be paid for it. Her months notice was due to expire on the 12th July but she wanted to take her accrued 5 days leave making her leaving date the 5th July.

Equally they could have asked her to leave immediately but either way they would have to pay her up to the 12th July. Had they made her work every day then they would have had to pay her up to the 12th and then an additional 5 days for the leave she had accrued but that they had not allowed her to take. Unusual for someone to have unpaid sick leave in the normal course of employment as my understanding would be that it would be paid as either a company sick pay scheme or statutory sick pay!

You can still be made to work out your full month's notice even if you have holiday owing. You end up getting paid out any holiday pay owing.

Unpaid sick leave is really the same as unpaid leave. If your sick and run out of sick pay you dip into any annual leave owing, then after that it become's unpaid sick leave.

 

[drew]

You can still be made to work out your full month's notice even if you have holiday owing. You end up getting paid out any holiday pay owing.

Unpaid sick leave is really the same as unpaid leave. If your sick and run out of sick pay you dip into any annual leave owing, then after that it become's unpaid sick leave.

I did say that!

 

[Weststander]

Hope you win but I always thought you hand notice in and then the end date / holiday taken off etc is discussed with management / HR

Never heard of someone telling management the end date etc.

Normally governed by HR after you hand in notice.

Hope you get it back though

I have seen staff send in a letter like that.

Management should then communicate back, if they disagree with the proposed dates and/or final paid week’s leave suggestion.

 

[Thunder Bolt]

Before she takes legal action, and in addition to checking whether she actually is entitled to the 5 days’ holiday she thinks she is, could I suggest she considers whether she’s ever going to need a reference from her ex-employer. Suing them won’t enamour them to her - but if she’s entitled to it and doesn’t care about a reference, go for it.

Not necessarily. My daughter was put on gardening leave by a big travel company following a dispute which wasn't her fault. She remained on gardening leave for five months, and settled out of court.
She got a better job with Unilever immediately afterwards.

 

[Worthing exile]

Thank you for all your advice