JadeM
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Registered: 9th Feb 06
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I work for a construction company. They close down at Christmas for 2 weeks, everyone gets 2 weeks paid holiday (part of our annual leave entitlement) I'm due to leave on Friday to start a new job. My current employer has asked me today if I could stay on until the end of the month so I have time to train up the new start. I've told them no, because I have given them and worked my months notice and my new employer wants me to start on Monday.
The MD has taken me into the office and said 'he's a reasonable guy, and that he feels I've been a bit unfair not staying to help them out, then he said that he has overpaid me, because the new calander year starts in November and I hadn't accrued' days to cover the holidays at Christmas 
Bearing in mind the company closes down over this period, my argument is that no one told me this, and that if I'd known I'd have worked. Where do I stand?
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IvIarkgraham
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Registered: 27th Mar 04
Location: Ellesmere Port, Cheshire
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they should have told you that before cause they knew you were leaving
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JadeM
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Registered: 9th Feb 06
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quote:
Originally posted by IvIarkgraham
they should have told you that before cause they knew you were leaving
Exactly, he's just being a prick. Last thing I wanted was to leave under a cloud tho  I've got a feeling they'll take the 2 weeks salary off my final wage
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Colin
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Tell them to fuck off, they cant shift the goalpost as it pleases them & if they paid decent wages in the 1st place you wouldnt need to have found another job.
Months notice is served on wednesday, id offer to see through to friday & thats you being reasonable.
Months notice when youve only been there is unreasonable aswell, its been a week per year served anywhere ive worked!!
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IvIarkgraham
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Registered: 27th Mar 04
Location: Ellesmere Port, Cheshire
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say you'll stay
then dont
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Colin
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Registered: 4th Apr 02
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If your new employer wants you to start Monday you cannot let them down!!
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Colin
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Further more you started June 07? So you would have accrewed holiday cover for that xmas in 07 (june-november) so surely xmas 08 holidays were accrewed nov 07 - nov 08. 
Tell him to bugger off, infact give him my number & i'll tell him.
What a shower of chancers!!
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willay
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Organiser: South East, National Events
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Registered: 10th Nov 02
Location: Roydon, Essex
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quote:
Originally posted by Colin
Months notice is served on wednesday, id offer to see through to friday & thats you being reasonable.
Months notice when youve only been there is unreasonable aswell, its been a week per year served anywhere ive worked!!
Serve your notice, offer them the extra 2 days (Thursday & Friday) as you have made prior commitments and tis only professional to keep to them.
Months notice is pretty much the industry standard Colin.
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IvIarkgraham
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Registered: 27th Mar 04
Location: Ellesmere Port, Cheshire
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go down there colin!!!!!!!!!!
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Cosmo
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Registered: 29th Mar 01
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When do your normal holidays work from (Jan to Jan, Apr to Apr)? This will be in your contract under the section pointing out how long you get and when you have to take it.
Once you know that work out what you've taken than year and pro-rate it to see if you've taken too much during that period. If so he is entitled to take that out of your final wage.
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Cosmo
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And if you have worked a months notice, it is their own fault not getting the new starter in earlier to be trained up.
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willay
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Registered: 10th Nov 02
Location: Roydon, Essex
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Whatever you do, dont burn your bridges but don't mug yourself off. I think offering them the two days to do the training is the best you can offer TBH.
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JadeM
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Registered: 9th Feb 06
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I think its from November to November
If I'd have known, I'd have gladly worked - the place is shut so I could have sat swinging on my chair doing fcuk all everday anyway 
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JadeM
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Registered: 9th Feb 06
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quote:
Originally posted by Colin
Further more you started June 07? So you would have accrewed holiday cover for that xmas in 07 (june-november) so surely xmas 08 holidays were accrewed nov 07 - nov 08.
Tell him to bugger off, infact give him my number & i'll tell him.
What a shower of chancers!!
Calm down dear 
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Cosmo
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Registered: 29th Mar 01
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quote:
Originally posted by JadeM
I think its from November to November
Does it say that in your contract?
What are you entitled to? How many have you taken including the days over christmas?
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Colin
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Registered: 4th Apr 02
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Dont ask about jades contract, ive been asking to see it for about a year.
I dont think shes signed it yet
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JadeM
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Registered: 9th Feb 06
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quote:
Originally posted by Cosmo
quote:
Originally posted by JadeM
I think its from November to November
Does it say that in your contract?
What are you entitled to? How many have you taken including the days over christmas?
I need to go look out my contract, two minutes 
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Cosmo
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Registered: 29th Mar 01
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quote:
Originally posted by Colin
I dont think shes signed it yet
Makes no difference, by not raising any disputes within two weeks (think its still 2) thats a form of accepting it.
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JadeM
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Registered: 9th Feb 06
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I've no idea where it is tbh I think it might be in the office, I'll check tomorrow.
I know that holidays are accrued, so does that mean I'm fcuked?
These holidays are set holidays, everyone has to take them cos the company closes
[Edited on 12-01-2009 by JadeM]
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Colin
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Registered: 4th Apr 02
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If thats the case how much wages do they owe you?
If there not going to pay you id be finishing as of now & having the rest of the week off
[Edited on 12-01-2009 by Colin]
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_Allan_
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Registered: 24th Mar 04
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Just take a dump in his draw and leave on Weds... fuck two weeks wages I'm sure Colin can sub you out of his new car fund 
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Cosmo
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quote:
Originally posted by JadeM
I know that holidays are accrued, so does that mean I'm fcuked?
It may mean you owe them a few days pay for the holidays you took over christmas, really depends on what your full amount allowed is and when they start in the year. Not really any comeback either as they'll just take whats owed out your final wage.
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JadeM
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Registered: 9th Feb 06
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Ok thanks for the advice Cosmos, I'll speak to them tomorrow. If I work till Friday I'll have worked 2 days more than I should have so that'll give them 2 days less to deduct from me
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Chris Bingham
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Registered: 30th Mar 02
Location: In Scotland
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I've had a similar thing, the boss sounds like he is basically screwed here and needs you. Don't indulge it, just leave as planned and leave them to it. I'd be 99% certain they won't do anything about your holidays and pay.
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Cosmo
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Registered: 29th Mar 01
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quote:
Originally posted by Chris Bingham
I'd be 99% certain they won't do anything about your holidays and pay.
In times where businesses have got it tough, Id be amazed if they didnt try to make any savings where they can.
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