Handed in notice, company taking the P.$$

[anonymous-user]

It seems to me that the employee is the one acting without principle here. The employer allows him to take paid leave when he needn't have and then is expected to bend over again when the employee leaves after no time at all.

They'll be well rid IMO, and if I were them, I wouldn't do anything I really didn't have to.

[blindswelledrat]

M777CUS said:

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.

can they retrospectively take holiday entitlement from me for a previous holiday period?

The agreement wasn't contractual. He effectively just gave you some money.
Seeing that you have returned exactly zero of his goodwill, he has changed his mind and doesn't want to give you it any more.
Pretty sure that he can do that.

[M777CUS]

blindswelledrat said:

M777CUS said:

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.

can they retrospectively take holiday entitlement from me for a previous holiday period?

The agreement wasn't contractual. He effectively just gave you some money.
Seeing that you have returned exactly zero of his goodwill, he has changed his mind and doesn't want to give you it any more.
Pretty sure that he can do that.

speaking to ACAS about this today. will update later.

[blindswelledrat]

M777CUS said:

speaking to ACAS about this today. will update later.

Please do. Im curious as to their stance

[edc]

Is any of this last year's holiday scenario in writing?

[M777CUS]

blindswelledrat said:

M777CUS said:

speaking to ACAS about this today. will update later.

Please do. Im curious as to their stance

Spoke to ACAS, they believe i have a case. they have told me that it would appear the holiday from last year would be unfairly taken from my final salary payment. i have confirmation of the agreement last year that i would be given the holiday as paid and there is no wording to say it is the companies intention to claw this holiday back from the 2013 entitlement. with that being the case ACAS see it as quite straightforward. need to start "the process" now.

cheers

[Terminator X]

JonRB said:

Fair enough. I apologise for daring to offer a contrary opinion.

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.

Come back Jon, it was an epic battle between the rich and the poor for a while there

TX.

[blindswelledrat]

M777CUS said:

. i have confirmation of the agreement last year that i would be given the holiday as paid and there is no wording to say it is the companies intention to claw this holiday back from the 2013 entitlement.

Does sound pretty straight forward in that case. It must form part of your contract if it is part of the agreement.
Good luck

[Pommygranite]

It appears they are just waiting to pay you out once you have fulfilled your resignation period in case you go mysteriously sick on the normal payday. If I owned a business I would do this as I would feel that anyone who leaves after 5 mths employment probably doesn't feel morally obliged to stick around as agreed.

[M777CUS]

Pommygranite said:

It appears they are just waiting to pay you out once you have fulfilled your resignation period in case you go mysteriously sick on the normal payday. If I owned a business I would do this as I would feel that anyone who leaves after 5 mths employment probably doesn't feel morally obliged to stick around as agreed.

possibly.

bit of an update:-

nearly fufilled my notice period with the company. going through the grievance process now but i feel this will be resolved by a third party. ACAS confident and i have to say im confident ill get what i am owed.

[shoggoth1]

M777CUS said:

possibly.

bit of an update:-

nearly fufilled my notice period with the company. going through the grievance process now but i feel this will be resolved by a third party. ACAS confident and i have to say im confident ill get what i am owed.

I'm guessing/assume that you'll never need a reference from this company then?

[john2443]

Sounds like fairly standard procedure, if they pay you on the 22nd how do they know you won't just ps off with their money.

Phone bank, explain situation, ask for overdraft for 6 days.

[M777CUS]

shoggoth1 said:

M777CUS said:

possibly.

bit of an update:-

nearly fufilled my notice period with the company. going through the grievance process now but i feel this will be resolved by a third party. ACAS confident and i have to say im confident ill get what i am owed.

I'm guessing/assume that you'll never need a reference from this company then?

you are absolutely correct. nor would i ever provide one for them when the shoes on the other foot.

[Du1point8]

I hope the industry you work in is not small as burning bridges like this is can lead to major issues for you without even realising it.

[Pommygranite]

Does anyone else think the company isn't the one taking the piss?

5 mths employment, holiday leave favour given and now an ACAS dispute?

[PorkInsider]

Pommygranite said:

Does anyone else think the company isn't the one taking the piss?

5 mths employment, holiday leave favour given and now an ACAS dispute?

^^This.

Sounds like they're well rid.

[M777CUS]

Reality is I'm well rid of them. Is it acceptable for them to completely go back on there written agreement with me? You'd let someone walk all over you obviously. Not me.

Well rid. Pay me what I'm owed and we don't have a problem, if they don't then of course there is going to be an issue.

Edited by M777CUS on Friday 28th June 00:26

[Pommygranite]

M777CUS said:

Reality is I'm well rid of them. Is it acceptable for them to completely go back on there written agreement with me? You'd let someone walk all over you obviously. Not me.

Well rid. Pay me what I'm owed and we don't have a problem, if they don't then of course there is going to be an issue.

Edited by M777CUS on Friday 28th June 00:26

Hang on, they paid you a weeks wage for a holiday before you even started and now they want the money back and you feel annoyed because they've 'gone back on their written agreement'? What fking world do you live in?

You signed a contract that states, I'm almost sure, how holiday leave is accrued and they offered the payment in goodwill when they didn't have to on the basis you would stay long enough to accrue the leave but you want out after 5 months and not having accrued sufficient leave they want the funds back. AND YOU FEEL THIS ISN'T FAIR?!

So you have been given a weeks wage which you thought was a gift to not be paid back/earnt?

Are you 18? Is this your first job?

Genuinely I would like to know why you think anyone would give you a weeks paid holiday for free.

The only person taking the piss here is you.

[WhereamI]

It is common with new people starting that they need to take holiday that they haven't accrued during the early months of employment.

Standard practice for doing that is to just make sure that it all balances back to zero by the end of the year, if its a holiday year based on when you started, or is 'paid back' from the following years entitlement. In other words what the company is doing is what any company would do, they have probably just not been explicit enough in communication.

[M777CUS]

Pommygramite, you need to get this very clear.

at the time i made the holiday request i was not an employee of the company, this was one of two points that i was negotiating with them on before accepting the job. they agreed to pay me for the holiday and they explicit in saying this. they were also explicit in saying that the holiday wouldnt be paid back at any stage. the the written confirmation i have is that, yes they would give me the holiday with no repercussions. why would i think otherwise?

you come across as someone that would either be fine fking over one of there employees or somebody that would quite happily let someone walk all over them, not me.