my employer are ****s
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stockhatcher

Original Poster:

5,197 posts

254 months

Thursday 21st August 2008
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The initial message has been deleted from this topic.

Olf

11,978 posts

249 months

Thursday 21st August 2008
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stockhatcher said:
anyway, i'm in the middle of a constructive dismissal case, the reasons for which are too boring to go into here.

however i sent my resignation letter in to HR a few days ago, citing my reason for leaving being constructive dismissal ( breach of mutual trust and confidence), and they replied saying, your leaving date is XXXX, as you have taken 21.5 days holiday when pro rata you should only of taken 20 days we will be deducting 1.5 days pay from your final salary.

on top of this they are requesting that i pay back half of a german language course fee ( £1600) as i am leaving within 2 years of completing the course.#

i think they arwe missing the point here somewhat, but go on try it if you dare.... fkers.!

looks like the gloves are off then....
Not being funny but what did you expect?

"Dear Mr Stockhatcher,

Sorry to hear you're leaving us and worse, that you want to sue our collective hides. As a gesture of goodwill we'd like to give you 1.5 days free holdiday and we'll write off any agreed course fees we paid for you. Hope the case goes well for you and that you teach us a good lesson.

Love, your Boss"

Get fking real.

GreigM

6,740 posts

280 months

Thursday 21st August 2008
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stockhatcher said:
looks like the gloves are off then....
no, looks like you put a legal threat to them, so they are doing absolutely everything by the book to make sure they are squeaky clean - you quit and threaten them but then expect free money?

I hope you took legal advice as generally you can't start, or even claim CD until after you have departed.

Blues

8,546 posts

250 months

Thursday 21st August 2008
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Would this be the job as listed on your profile hehe

fatboy b

9,665 posts

247 months

Thursday 21st August 2008
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stockhatcher said:
anyway, i'm in the middle of a constructive dismissal case, the reasons for which are too boring to go into here.

however i sent my resignation letter in to HR a few days ago, citing my reason for leaving being constructive dismissal ( breach of mutual trust and confidence), and they replied saying, your leaving date is XXXX, as you have taken 21.5 days holiday when pro rata you should only of taken 20 days we will be deducting 1.5 days pay from your final salary.

on top of this they are requesting that i pay back half of a german language course fee ( £1600) as i am leaving within 2 years of completing the course.#

i think they arwe missing the point here somewhat, but go on try it if you dare.... fkers.!

looks like the gloves are off then....
Constructive dismissal. Hmmm, always a difficult one that. Do you really want to burn bridges? How are you going to "fill the gap" on your CV when you're at an interview? I really hope you get what you want, but TBH, I'd have just gotten a new job and left ammicably. In fact that's what I have done in the past when I felt I'd been betrayed at work.

condor

8,837 posts

279 months

Thursday 21st August 2008
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I hope you put in a grievance letter before your resignation letter type

Robatr0n

12,362 posts

247 months

Thursday 21st August 2008
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Try running your own company and see how that changes your views.

Why should they pay you for an extra day and a half more than you deserve and why on earth should they foot the bill of a training course when you arean't going to make use of it with them?

whoami

13,201 posts

271 months

Thursday 21st August 2008
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stockhatcher said:
i expected nothing more, nothing less, just amused at the pettiness of it all.

and as for getting real, how do you think it will look at a tribunal, when an employer is making a case for being 'a reasonable employer' when it comes up with stuff like that... rolleyes
It will look like they are following procedure bound by the contract of employment that you presumably signed when you started working there.

shirt

25,522 posts

232 months

Thursday 21st August 2008
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only 20 days holiday a year? you're better off out mate!

GreigM

6,740 posts

280 months

Thursday 21st August 2008
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stockhatcher said:
and as for getting real, how do you think it will look at a tribunal, when an employer is making a case for being 'a reasonable employer' when it comes up with stuff like that... rolleyes
They are doing things by the book - as per contract - if you even start down the line of them being unreasonable because of any of the holiday/course fees then you will lose your case immediately.

Constructive is extremely difficult to prove and you could come out of this in a considerably poorer position than if you just walked away - sometimes you have to evaluate what is better for your future and swallow your pride.

Edited by GreigM on Thursday 21st August 09:16

lawrence567

7,507 posts

221 months

Thursday 21st August 2008
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Hmm,

Fair play your pissed off, but like anyone leaving any company if you took too many days holiday you'll be deducted the relevant pay.
& why should they have to pay for a course which you didnt complete?
You want to leave thats fine, but you really expect them to let you off above said...
I think your dreaming to be honest!

Olf

11,978 posts

249 months

Thursday 21st August 2008
quotequote all
stockhatcher said:
i expected nothing more, nothing less, just amused at the pettiness of it all.

and as for getting real, how do you think it will look at a tribunal, when an employer is making a case for being 'a reasonable employer' when it comes up with stuff like that... rolleyes
Pettiness? Have you ever gone through a divorce? I'm sure if not you'll know people who have. You are essentially divorcing you company. You've decided you want to go your own way but want to give them a fking good kick in the nuts before you go. Any you're surprised they're being petty?

I'm surprised that you're surprised that they are being petty.

Robatr0n

12,362 posts

247 months

Thursday 21st August 2008
quotequote all
stockhatcher said:
Robatr0n said:
Try running your own company and see how that changes your views.

Why should they pay you for an extra day and a half more than you deserve and why on earth should they foot the bill of a training course when you arean't going to make use of it with them?
because my hours are 9-5.15 but i generally work 8 to 6..... should i claim that ovetime back then ?
Well good for you. Did you arrange to work these extra hours as overtime? Unless you are clocked in and out of work you really need to inform your employer that you intend to work later for extra money or days in lieu. If you're working more hours and it's not being recognised or you're not being rewarded, don't do it!

I can also assure you that owners of small companies put a hell of alot more hours in then everybody else and don't take a penny more for it. Well it's certainly the case for me anyway..

Vesuvius 996

35,829 posts

302 months

Thursday 21st August 2008
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rofl

Welcome to the real world.


Your employers are going to fist you. Claiming constructive dismissal is a stupid thing to do - you'll NEVER get a reference and you will struggle to find another job. Especially the on in your profile.

Original Poster's Profile said:
Occupation - waster.
Look, take this advice, for no charge.

Go and talk to HR, say you over reacted, and that you'd like to work out your noitce period and do the right thing. Then look for another job.



maxrider

2,481 posts

267 months

Thursday 21st August 2008
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stockhatcher said:
they replied saying, your leaving date is XXXX, as you have taken 21.5 days holiday when pro rata you should only of taken 20 days we will be deducting 1.5 days pay from your final salary.
Write back telling them they are illiterate fkers.

dmitsi

3,583 posts

251 months

Thursday 21st August 2008
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Vesuvius 996 said:
Look, take this advice, for no charge.

Go and talk to HR, say you over reacted, and that you'd like to work out your noitce period and do the right thing. Then look for another job.
Don't talk sense, he wants BIG CASH PAYOUT!!
You want to get really angry Stockhatcher, if a company ever overpay you, they're ALLOWED it back. Aint that a hoot.

Enjoy your new job, hope it can pay your legal fees.

Vesuvius 996

35,829 posts

302 months

Thursday 21st August 2008
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stockhatcher said:
........the company have been negligent in not providing a fair and resonable employment, ergo i sue...
You fool!

I see this ALL the time with clients these days. Mollycoddled brats who've seen to many adverts for "claims direct..."

You feel that your boss treats you harshly, so you sue them. Worst move in the world.


You won't win, and you'll make yourself unemployable.


interviewer said:
Why did you leave?
original poster said:
Well my boss was a stroker, so I stormed out with no notice, dropped everyone else in the sh t and then I tried to sue them."
interviewer said:
Good luck in the fast food industry
Edited by Vesuvius 996 on Thursday 21st August 09:26

Vesuvius 996

35,829 posts

302 months

Thursday 21st August 2008
quotequote all
stockhatcher said:
Robatr0n said:
stockhatcher said:
Robatr0n said:
Try running your own company and see how that changes your views.

Why should they pay you for an extra day and a half more than you deserve and why on earth should they foot the bill of a training course when you arean't going to make use of it with them?
because my hours are 9-5.15 but i generally work 8 to 6..... should i claim that ovetime back then ?
Well good for you. Did you arrange to work these extra hours as overtime? Unless you are clocked in and out of work you really need to inform your employer that you intend to work later for extra money or days in lieu. If you're working more hours and it's not being recognised or you're not being rewarded, don't do it!

I can also assure you that owners of small companies put a hell of alot more hours in then everybody else and don't take a penny more for it. Well it's certainly the case for me anyway..
this is far from a small employer, 130000 people globally, profits of £2bn annually.
Even better.

They can ensure that every single recruitment agent in the country knows you're a fackin liability.


fatboy b

9,665 posts

247 months

Thursday 21st August 2008
quotequote all
stockhatcher said:
GreigM said:
stockhatcher said:
and as for getting real, how do you think it will look at a tribunal, when an employer is making a case for being 'a reasonable employer' when it comes up with stuff like that... rolleyes
They are doing things by the book - as per contract - if you even start down the line of them being unreasonable because of any of the holiday/course fees then you will lose your case immediately.

Seriously, did you take legal advice? Constructive is extremely difficult to prove and you could come out of this in a considerably poorer position than if you just walked away - sometimes you have to evaluate what is better for your future and swallow your pride.
ok here is a bit more detail

my boss graded the person who previously did my role at a grade that was meant he had not reached satisfactory performance - therefore no bonus, no pay rise,this person left, citing these reasons - he did this 3 years onthe trot ( he was unfair, no objectives, no reasons as to poor performance) he did the same to my colleague who also works for him, 3 years ago, he did the same to my report, who also left ( this was between my predecessor leaving and me starting) and then he did the same to me..

so that's four people he's fked over and undermined in the space of 4 years, the company should have spotted this and dealt with it, especially as my predecessor wrote this down in his resignation letter and exit interview. therefore the company have been negligent in not providing a fair and resonable employment, ergo i sue...

Edited by stockhatcher on Thursday 21st August 09:20
It appears that you are negligent also in not demanding objectives from your boss. If he then failed in your request you could have taken that issue alone to his boss - shirley?

dmitsi

3,583 posts

251 months

Thursday 21st August 2008
quotequote all
stockhatcher said:
Vesuvius 996 said:
stockhatcher said:
........the company have been negligent in not providing a fair and resonable employment, ergo i sue...
You fool!

I see this ALL the time with clients these days. Mollycoddled brats who've seen to many adverts for "claims direct..."

You feel that your boss treats you harshly, so you sue them. Worst move in the world.


You won't win, and you'll make yourself unemployable.


interviewer said:
Why did you leave?
original poster said:
Well my boss was a stroker, so I stormed out with no notice, dropped everyone else in the sh t and then I tried to sue them."
interviewer said:
Good luck in the fast food industry
Edited by Vesuvius 996 on Thursday 21st August 09:26
fking hell suovy, did you read any of what i wrote. i have not left yet, i am working my notice, i do have a job to go to, i have got references, so what's your point.
That you won't win the CD and when it comes to moving on from your new job ('cause your canteen isn't up to scratch), you'll find it hard to get a decent new one.