Resignation - Employer Being a Pain

[integra1980]

just after a quick bit of advice really.

I handed my notice in writing. stating my finish date etc. 4 weeks notice required.

I'm owed 4.5 days holiday and 1 day off in lieu.

so in my resignation letter i have stated this and deducted the time as i wish to use as my holiday. My employer has accepted this. Last week i was practically forced to go do a site job which meant leaving sunday and i've just got back today. Before going i had agreed that this will be another day in lieu which was fine.

Due to some unforeseen problems with the job some more work is required but due to distance i've said i can't do it, (9 hrs driving each way and probably 10hrs on site)

I'm not a site fitter i'm an office person with the skills to do the job, the site fitter that should be doing the job has refused to go last time and no doubt will do this time.

Is there anything the employer can do to force me to go and i'm due to completely finish with the company this thursday.

He has spoken about delaying my finish date?? i do not want to delay as i'm starting a new job on monday.

Any advice welcome.

[chr15b]

Would be being paid for some of the holiday days be an option?

[integra1980]

not really what i'm doing is using the holiday to start the new job basically a week early (by doing this it secured me the job)

[integra1980]

can only drive due to tools and stuff needed.

Legally i can't be forced to do anything thou right.

Also as my i have resigned he can't postpone that date can he?

[nick_bbb]

As I understand it notice periods are practically unenforceable. If you stopped turning up to work then you would be punishable by gross misconduct, which means they could terminate your contract, but they can't because you have already given notice to do that. I rang our HR legal helpline (big global bank) about notice periods and they said we never enforce them for the reasons I've stated.

[Deva Link]

integra1980 said:

Legally i can't be forced to do anything thou right.

No-one can force you to do anything.

In a previous job we had a guy "resign" by phoning up from the airport on his way to his new job in the middle-east. He told us his company car was outside his house and we get the keys off his (now ex) wife.

[Bonefish Blues]

Simple polite letter stating that whilst you helped out in a work area outside yours due to the refusal of the other person to attend their job last time, you do not feel it would be appropriate to do so again, and again politely suggesting that the individual whose job it is takes this job.

If they push it, again politely suggest that, having taken advice, you do not believe that the requirement to drive for 9 hours, then work 10, then 9 back represents a safe system of work, and you decline to undertake it because you do not wish to compromise your own safety.

If they continue, then due to the trauma that this matter will surely have caused you, you might be unable to work, and might have to self-certify sick for up to 7 days absence. (Did the HR bloke really say that?).

Edited by Bonefish Blues on Tuesday 16th March 21:03

[edc]

nick_bbb said:

As I understand it notice periods are practically unenforceable. If you stopped turning up to work then you would be punishable by gross misconduct, which means they could terminate your contract, but they can't because you have already given notice to do that. I rang our HR legal helpline (big global bank) about notice periods and they said we never enforce them for the reasons I've stated.

If it's gross misconduct it is gross misconduct irrespective of whether in your notice period or not. Funnily enough, I have sanctioned the dismissal of people for just this whilst they were serving their notice.

[edc]

As for the OP - take a pragmatic and long term approach. You want the job elsewhere. So work your notice as you have given. If they won't allow you to take accrued holiday within the notice then it should be paid up. If they are not prepared to do this then I would suggest an option would be to work your notice and raise a grievance for unpaid holiday pay. if there is no acknowledgment then you can submit a tribunal claim to claim your monies if you so wish.

[Deva Link]

edc said:

nick_bbb said:

As I understand it notice periods are practically unenforceable. If you stopped turning up to work then you would be punishable by gross misconduct, which means they could terminate your contract, but they can't because you have already given notice to do that. I rang our HR legal helpline (big global bank) about notice periods and they said we never enforce them for the reasons I've stated.

If it's gross misconduct it is gross misconduct irrespective of whether in your notice period or not. Funnily enough, I have sanctioned the dismissal of people for just this whilst they were serving their notice.

If the person (site fitter) who is supposed to go has refused, then the employer would be on pretty dodgy ground if they sacked the OP for refusing to travel to a very remote site (and didn't take action against the site fitter).

[ymwoods]

Deva Link said:

edc said:

nick_bbb said:

As I understand it notice periods are practically unenforceable. If you stopped turning up to work then you would be punishable by gross misconduct, which means they could terminate your contract, but they can't because you have already given notice to do that. I rang our HR legal helpline (big global bank) about notice periods and they said we never enforce them for the reasons I've stated.

If it's gross misconduct it is gross misconduct irrespective of whether in your notice period or not. Funnily enough, I have sanctioned the dismissal of people for just this whilst they were serving their notice.

If the person (site fitter) who is supposed to go has refused, then the employer would be on pretty dodgy ground if they sacked the OP for refusing to travel to a very remote site (and didn't take action against the site fitter).

Indeed but at the same time OP does your new job also rest on having a good reference? Whilst they can't now trash you for saying no to something that is not even in your job they could just refuse to give one which is the same as.

I think telling your boss that under no circumstances will you be extending the notice period as he has already agreed to this notice period and set says of work/holiday being taken and can not now go and change this. Would doing this off-site job mean your working extra days? if not then I would just see it as the last time and be done with it to guarentee my reference, if not then tell them where to stick it.

[integra1980]

thanks for the advice. i do not need his reference for the new job. As i think i already put somewhere it was agreed with me finishing tomorrow using my holiday but now with this problem he wants to change this.

I'm going to stand my ground and refuse to go anywhere. To cap it all off it has bugger my back again anyway which i have told him on the phone.

I'll let you know how it goes later tonight

Cheers

[lestag]

You just buggered your back? Clearly you are injured and have to take time off work.. case closed