Breach of contract

Author
Discussion

randomman

Original Poster:

2,215 posts

204 months

Thursday 16th April 2009
quotequote all
Hi all,

Due to a rapid change in circumstances I'm changing jobs. I gave my one week's notice on tuesday. So i'm in till Monday 20th.

EXCEPT

A family member has pulled a lot of strings to help me out and I need to start the new job monday.

Boss is 50/50 at the moment whether to let me have it off.

I'm not 50/50... I'm not working it.

What can happen? I will be owed 2 days holiday pay, I assume these would be forfeit? But what about the rest of the months salary?

carmadgaz

3,204 posts

198 months

Thursday 16th April 2009
quotequote all
Pull a sickie

randomman

Original Poster:

2,215 posts

204 months

Thursday 16th April 2009
quotequote all
carmadgaz said:
Pull a sickie
I wont lie for lyings sake (he know about the job) in fact it's mentioned in my notice!

But is this really the best way to keep all my money?

carmadgaz

3,204 posts

198 months

Thursday 16th April 2009
quotequote all
Good point. Take it booking the first day at the new job as a holiday is a no-no too?

Z4monster

1,442 posts

275 months

Thursday 16th April 2009
quotequote all
Have a bit of integrity. If your boss will work towards some kind of earlier release then go with it. If not then unfortunately you will have to let the other job wait until you are free.

It's never a good idea to burn bridges by quitting early as it can come back to bite you. If the new job finds out then it shows a lack of commitment and trust and you will probably do it to them eventually. Pulled strings are fine but any company who insist on an early start date when they know you have a notice period are obviously not that good with their staff IMHO

randomman

Original Poster:

2,215 posts

204 months

Thursday 16th April 2009
quotequote all
1st day off is a no no!

And as for burning briges... I'm moving counties! I'm being financially buggered every month. I have no other choice but to start monday!

B3Svert

553 posts

207 months

Thursday 16th April 2009
quotequote all
Work your arse off today and tomorrow putting in all the hours you can do in order to facilitate a proper handover of your work (if applicable). Don't pull a sickie or just not turn up, you may well need the reference in the future. Even your new employer may contact your current boss at some point early on in your time there and ask for a reference despite the fact you have family connections there...

IMHO not worth the trouble, just try to work things out for the best. If there's no way you can start the new job on Monday, speak to your new boss and explain the situation. You may be surprised at how accommodating they are, they may also be impressed by your reluctance to leave your current employer in the st and the fact you have some loyalty to them.

Z4monster

1,442 posts

275 months

Thursday 16th April 2009
quotequote all
OK so just tell your current boss to Foxtrot Oscar and take the new job. Personally I think that stinks but do what you feel is right.

randomman

Original Poster:

2,215 posts

204 months

Thursday 16th April 2009
quotequote all
Z4monster said:
OK so just tell your current boss to Foxtrot Oscar and take the new job. Personally I think that stinks but do what you feel is right.
I think easter stinks, if it wasn't for that I wouldn't have this problem!

AJS-

15,366 posts

251 months

Thursday 16th April 2009
quotequote all
You need to go to your boss and ask him what you need to clear up so that you can have Monday off. Explain the situation, offer to take that as one day's holiday if needs be. Make it clear that you need to start the new job on Monday and that you want to part as amicably as possible.

I don't know the situation but it sounds like a little bit of spite on his part... If that is the then be extra reasonable so that he has to actually show spite and be overtly unreasonable about it. Hopefully that is not the case and he is genuinely worried that you won't be able to finish up what you need to before Monday, so you just need to convince him that you can, and then do it.

Remember also, if it's a job you've had for any length of time and have up until now done fairly well with, then it's most likely that you will want a reference at some point.

randomman

Original Poster:

2,215 posts

204 months

Thursday 16th April 2009
quotequote all
Cheers for the advice so far. I will discuss it with him sooner rather than later.

If that doesn't work what can he do legally witht the 13 days pay and 2 days holiday?

randomman

Original Poster:

2,215 posts

204 months

Thursday 16th April 2009
quotequote all
Oh its been moved here...

Bye bye thread... was nice knowing you

tumbleweed

Firefoot

1,600 posts

232 months

Friday 17th April 2009
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He will have to pay you what you are owed. If you have worked 13 days and are owed 2 days holiday pay then this has to be paid to you. Any deduction from this other than provided for by your contract will be an unlawful deductions from wages and is not worth the hassle to any employer who knows their stuff.

However, if you do not work the Monday, then obviously you will be marked down as unpaid leave and one days pay will be deducted from your final payment(if there is no previous agreement to take one of the holidays).

Edited by Firefoot on Friday 17th April 09:38

BigAlinEmbra

1,629 posts

227 months

Saturday 18th April 2009
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Do you normally work weekends? If not say you'll do monday's work over the weekend.
Get the boss to work out a plan of tasks and just agree to get them done. Most folk's last day is minimal effort clock watching stuff, so I don't really see his problem.
Or is there something major needing done?