Handed in notice, company taking the P.$$
Discussion
Hi Guys,
i handed in my notice at my current employer 2 weeks ago. today i have recieved an email querying my holiday entitlement (holidays taken since being at the company) and my final payment date.
point A. our holiday period runs from the 1st of January to the 31st of Decemeber. prior to joining the company i had an agreement with the MD that i would be ok to take a weeks holiday as paid leave last year( 2012) so outside of the current holiday year. the company is now trying to claw this weeks holiday back. can they do this?
Point B. i am paid on the 22nd of every month. my leaving date is the 28th of the month. they are now telling me i will be paid on the 28th of the month (wont be paid until i handed back company property , laptop, phone, etc etc). this would completely f
k up my finances (re-arraging direct debits for ALL of my outgoing, nightmare). again, can they do this? my contract doesnt state that my payment date is subject to change.
can someone please advise, this is really stressing me out now.
i handed in my notice at my current employer 2 weeks ago. today i have recieved an email querying my holiday entitlement (holidays taken since being at the company) and my final payment date.
point A. our holiday period runs from the 1st of January to the 31st of Decemeber. prior to joining the company i had an agreement with the MD that i would be ok to take a weeks holiday as paid leave last year( 2012) so outside of the current holiday year. the company is now trying to claw this weeks holiday back. can they do this?
Point B. i am paid on the 22nd of every month. my leaving date is the 28th of the month. they are now telling me i will be paid on the 28th of the month (wont be paid until i handed back company property , laptop, phone, etc etc). this would completely f
k up my finances (re-arraging direct debits for ALL of my outgoing, nightmare). again, can they do this? my contract doesnt state that my payment date is subject to change.can someone please advise, this is really stressing me out now.
blindswelledrat said:
With regards to point A: Weren't you entitled to paid leave anyway? Or is it over and above what you were entitled to? Or did you only start the job at the end of last year?
yep, started with the company late last year. holiday already booked, confirmation from them that they would be fine with it being taken as paid holiday. holiday period ends on the 31st of December 2012. new holiday entitlement begins on the 1st of January 2013.can they retrospectively make this deduction? it just seems wrong.
ACAS?
many thanks
M777CUS said:
Point B. i am paid on the 22nd of every month. my leaving date is the 28th of the month. they are now telling me i will be paid on the 28th of the month (wont be paid until i handed back company property , laptop, phone, etc etc). this would completely fk up my finances (re-arraging direct debits for ALL of my outgoing, nightmare).
Blimey. Are you living so 'hand to mouth' that you can't cope with your pay packet being 6 days later than usual? k up my finances (re-arraging direct debits for ALL of my outgoing, nightmare).JonRB said:
M777CUS said:
Point B. i am paid on the 22nd of every month. my leaving date is the 28th of the month. they are now telling me i will be paid on the 28th of the month (wont be paid until i handed back company property , laptop, phone, etc etc). this would completely fk up my finances (re-arraging direct debits for ALL of my outgoing, nightmare).
Blimey. Are you living so 'hand to mouth' that you can't cope with your pay packet being 6 days later than usual? k up my finances (re-arraging direct debits for ALL of my outgoing, nightmare).JonRB said:
M777CUS said:
Point B. i am paid on the 22nd of every month. my leaving date is the 28th of the month. they are now telling me i will be paid on the 28th of the month (wont be paid until i handed back company property , laptop, phone, etc etc). this would completely fk up my finances (re-arraging direct debits for ALL of my outgoing, nightmare).
Blimey. Are you living so 'hand to mouth' that you can't cope with your pay packet being 6 days later than usual? k up my finances (re-arraging direct debits for ALL of my outgoing, nightmare).TX.
Just take a step back.
You get say 20 days holiday per year. So holiday days accumalate on a monthly basis
1.66 per month.
If you calender starts in Jan for holidays, then by May 31st (assumin point of resignation) you have 9 days available.
Have you taken more than 9 days ? If you have then you owe those extra days, back to the company.
If you pulled this years annual leave into the 2012 calender year then this is what has happened.
As to the payment date, I can understand it makes things clearer for the company.
Ask them to pay you as normal on the 22nd, but net the five additional days off against the holiday ?
M777CUS said:
not at all, but its a principle thing. its fine for a company to just decide willy nilly the day they are going to pay you?
If all your gripe is principle, then just look at it from his point of view.He bends the rules and helps you out by paying you needlessly when you start for him and then you f
k off after 5 months - pretty sure he is saying exactly the same as you.Terminator X said:
Can't you read, his "problem" is all the DD's that come in after pay day?! Imho they can't alter your pay day so suggest to them that they pay you on 22nd and then again on 22nd of next month for the difference.
Yes, I can read thanks. Can you? 
If you have to rearrange all your DD's because you can't cope with your pay packet being late, you're running your finances pretty lean.
You don't mention the start date, so I assume you didn't accrue enough holiday to take it all as 'paid leave.'
I expect the employer was at first happy to pay your holiday when everything was nice and friendly, but now you are leaving they want their money back.
I would say that as this falls into the previous holiday year you can argue that very point, but they may well simply say they 'loaned' those days to you to be taken from this years accrual.
It is fairly common practice for both the employer and employee to hang on to pay and the likes in case one or the other doesn't settle. Try seeing it from their point of view whereby they pay you what's owed and you take your time handing everything back.
My advise (if you want it) is to hand everything in on the last day of your notice get written confirmation of everything you give back) and try to negotiate the holiday situation.
Good luck
I expect the employer was at first happy to pay your holiday when everything was nice and friendly, but now you are leaving they want their money back.
I would say that as this falls into the previous holiday year you can argue that very point, but they may well simply say they 'loaned' those days to you to be taken from this years accrual.
It is fairly common practice for both the employer and employee to hang on to pay and the likes in case one or the other doesn't settle. Try seeing it from their point of view whereby they pay you what's owed and you take your time handing everything back.
My advise (if you want it) is to hand everything in on the last day of your notice get written confirmation of everything you give back) and try to negotiate the holiday situation.
Good luck
M777CUS said:
not at all, but its a principle thing. its fine for a company to just decide willy nilly the day they are going to pay you?
I'm freelance. I can get my invoices settled anything from 14 days to 35 days after I submit them. Principles are all very well. But if it's the choice between rearranging all your Direct Debits or transferring some money over from your savings for 6 days and then transferring it back again when paid, I know which I'd do.
Or, if you don't have the savings to cover that, then I return to my previous point about living hand to mouth.
JonRB said:
Terminator X said:
Can't you read, his "problem" is all the DD's that come in after pay day?! Imho they can't alter your pay day so suggest to them that they pay you on 22nd and then again on 22nd of next month for the difference.
Yes, I can read thanks. Can you? If you have to rearrange all your DD's because you can't cope with your pay packet being late, you're running your finances pretty lean.
JonRB said:
Terminator X said:
Can't you read, his "problem" is all the DD's that come in after pay day?! Imho they can't alter your pay day so suggest to them that they pay you on 22nd and then again on 22nd of next month for the difference.
Yes, I can read thanks. Can you? If you have to rearrange all your DD's because you can't cope with your pay packet being late, you're running your finances pretty lean.
TX.
Terminator X said:
I'm sure most people would struggle to pay all their DD's shortly after pay day if said pay did not arrive. No doubt you are considerable richer than most though so well done
What, really? You think that because I have enough financial nouse to have a little bit of a cash cushion against late payments that this makes me rich?Also, I make sure all my DDs don't come out at once. I stagger them as much as possible. My mortgage payment comes out mid-month, for example. That just seems like common sense to me.
Seriously, if being paid a couple of days late causes all your Direct Debits to collapse like a pack of cards then you are close to living beyond your means and it would only take an unexpected expense to push you over the line.
Jon, i dont see what if anything constructive you are really adding here.
update, im being paid on the 22nd as usual. holiday entitlement still to be disucussed.
the point is i shouldnt have to transfer my savings to cover any of my outgoings. i have a contractually agreed payment date that they are not sticking to, so they were in the wrong, hence why they have yielded there position promptly. they were trying it on. my financies certainly arent lean, living beyond my means or any other type of ridiculous throwaway comment you want to level at anybody in here.
update, im being paid on the 22nd as usual. holiday entitlement still to be disucussed.
the point is i shouldnt have to transfer my savings to cover any of my outgoings. i have a contractually agreed payment date that they are not sticking to, so they were in the wrong, hence why they have yielded there position promptly. they were trying it on. my financies certainly arent lean, living beyond my means or any other type of ridiculous throwaway comment you want to level at anybody in here.
Gargamel said:
Just take a step back.
You get say 20 days holiday per year. So holiday days accumalate on a monthly basis
1.66 per month.
If you calender starts in Jan for holidays, then by May 31st (assumin point of resignation) you have 9 days available.
Have you taken more than 9 days ? If you have then you owe those extra days, back to the company.
If you pulled this years annual leave into the 2012 calender year then this is what has happened.
As to the payment date, I can understand it makes things clearer for the company.
Ask them to pay you as normal on the 22nd, but net the five additional days off against the holiday ?
the point is my agreement last year was solely last year, they agreed to paying me for my holiday, there wasnt any discussion about taking it from next years holiday entitlement.You get say 20 days holiday per year. So holiday days accumalate on a monthly basis
1.66 per month.
If you calender starts in Jan for holidays, then by May 31st (assumin point of resignation) you have 9 days available.
Have you taken more than 9 days ? If you have then you owe those extra days, back to the company.
If you pulled this years annual leave into the 2012 calender year then this is what has happened.
As to the payment date, I can understand it makes things clearer for the company.
Ask them to pay you as normal on the 22nd, but net the five additional days off against the holiday ?
can they retrospectively take holiday entitlement from me for a previous holiday period?
M777CUS said:
Jon, i dont see what if anything constructive you are really adding here.
update, im being paid on the 22nd as usual. holiday entitlement still to be disucussed.
the point is i shouldnt have to transfer my savings to cover any of my outgoings. i have a contractually agreed payment date that they are not sticking to, so they were in the wrong, hence why they have yielded there position promptly. they were trying it on. my financies certainly arent lean, living beyond my means or any other type of ridiculous throwaway comment you want to level at anybody in here.
Fair enough. I apologise for daring to offer a contrary opinion. update, im being paid on the 22nd as usual. holiday entitlement still to be disucussed.
the point is i shouldnt have to transfer my savings to cover any of my outgoings. i have a contractually agreed payment date that they are not sticking to, so they were in the wrong, hence why they have yielded there position promptly. they were trying it on. my financies certainly arent lean, living beyond my means or any other type of ridiculous throwaway comment you want to level at anybody in here.
I'll bow out now and leave you to it. Hopefully you can surround yourself with people who will nod and agree with you, since that's what you seem to want.
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