Handed in my notice

dkspex

Hi all,

I am looking for some of your thoughts on my current situation.

I got offered a new job last month so I handed in my notice, the boss said I had to give 3 months notice. This was my first job (I'm there 14 months), and first time handing in notice so I was nervous and went along with everything he said. I needed to have a finish date set for the end of September, so I asked about my remaining holiday time and how that would factor into the notice. He said that I could forfeit my holidays and leave on the 26th September. I was relieved that I could give the new company a definitive start date.

Since speaking to the boss, and other people, I have studied my contract and it says that the notice period is 12 weeks - not 3 months. I have noticed a couple of things in my contract that have never been followed such as working hours, salary review, performance target etc.

One of my colleagues left this year, he was asked to give 8 weeks notice, and received his holiday pay when he left.

This has been on my mind for the past few days, and I am feeling really angry about the whole thing. On top of this, new members of staff have been hired (to replace myself & my colleague) and are getting substantially more money than I am on. I feel that the contract is very one sided and one of the few terms that are being rigidly adhered to is the notice period. At this stage I am feeling burnt-out, I have lost interest in the job and the thoughts of another month+ working there is killing me.

At the moment I feel like going in to the boss and telling him that I am leaving at the end of August, just to put an end to the whole thing. A question I have is, would I be entitled to holiday pay if I left?

Apologies for the length of the post, but I feel a bit better after venting . I am not seeking legal advice etc. just would love to know if people think I am over reacting.

hairway2Steven

AFAIK, Your entitled to your holiday pay regardless, You earned the holidays racking up yours hours over the year.

I have left jobs and gotten my holiday pay with my last paycheck

triple nipple

emmmm 12 weeks is 3 months

Stheno

triple nipple wrote: »

emmmm 12 weeks is 3 months

Emmmmm no it's not.

There are 52 weeks in a year, which is 12 months long, three months is 13 weeks

@OP tbh sounds like you are venting frustrations here.
I'd just suck it up and move on if I were you.

OldMrBrennan83

This post has been deleted.

MagicMarker

triple nipple wrote: »

emmmm 12 weeks is 3 months

12 weeks is 84 days, 3 months would usually be considered 90 days.

tenifan

Sorry if I misread your post, but if you're moaning that you didn't follow up things promised to you in your contract, or worked more hours than you stated in your contract.. my advice is to get over it. If you accrued holiday pay you're entitled to get paid for it. If they don't pay you, that's the only real grievance I can see.
Good luck in your new job.

BelleOfTheBall

I thought less than 2years In a job was 2weeks notice??why is that 12weeks? Correct me if I'm wrong

Bepolite

BelleOfTheBall wrote: »

I thought less than 2years In a job was 2weeks notice??why is that 12weeks? Correct me if I'm wrong

One is free to contract.

dkspex

tenifan wrote: »

Sorry if I misread your post, but if you're moaning that you didn't follow up things promised to you in your contract, or worked more hours than you stated in your contract.. my advice is to get over it. If you accrued holiday pay you're entitled to get paid for it. If they don't pay you, that's the only real grievance I can see.
Good luck in your new job.

My original post did seem like I was moaning about hours etc. but that wasn't my point, I tidied it up. I am just so annoyed at the fact that they basically told me if I want to leave by the end of September, I have to forfeit my holidays while other staff can leave with 8 weeks notice + holiday pay.

Stheno

dkspex wrote: »

My original post did seem like I was moaning about hours etc. but that wasn't my point, I tidied it up. I am just so annoyed at the fact that they basically told me if I want to leave by the end of September, I have to forfeit my holidays while other staff can leave with 8 weeks notice + holiday pay.

What does YOUR contract say?

leeroybrown

BelleOfTheBall wrote: »

I thought less than 2years In a job was 2weeks notice??why is that 12weeks? Correct me if I'm wrong

A contract of employment can increase the notice due by either party involved. The only restriction is that it can't sign away statutory rights.

tenifan

dkspex wrote: »

My original post did seem like I was moaning about hours etc. but that wasn't my point, I tidied it up. I am just so annoyed at the fact that they basically told me if I want to leave by the end of September, I have to forfeit my holidays while other staff can leave with 8 weeks notice + holiday pay.

You definitely cannot forfeit your statutory annual leave. They have to pay you for them. Might not be so clear-cut any days over the 20 days statutory leave.

Bepolite

They can't make you forfeit your holidays, what they can do is make part of your notice your holiday, otherwise it must be paid.

zAbbo

Just leave now, it's not worth it.

If it's the other way around you certainly wouldn't be given 3 months notice.

Stheno

zAbbo wrote: »

Just leave now, it's not worth it.

If it's the other way around you certainly wouldn't be given 3 months notice.

Not true, my current contract imposes a two month notice period for either side.

leeroybrown

dkspex wrote: »

My original post did seem like I was moaning about hours etc. but that wasn't my point, I tidied it up. I am just so annoyed at the fact that they basically told me if I want to leave by the end of September, I have to forfeit my holidays while other staff can leave with 8 weeks notice + holiday pay.

If you look into it you'll probably find that you're not actually forfeiting your holidays. You constantly accrue holiday entitlements while working (or on leave). What your boss is most likely doing is reducing your notice period by the number of days holidays you would be due by the end of the period. You should still be paid for them. If that's not the case your employer is effectively breaking the law. Calm down, do some simple calculations and then clarify the situation (calmly) with your boss.

dkspex

Stheno wrote: »

What does YOUR contract say?

12 weeks, the same as everyone else. I hold my hands up, I signed it in haste when I was fresh out of college, lesson learned.

L0ui5e

Phone NERA tomorrow.

zAbbo

Stheno wrote: »

Not true, my current contract imposes a two month notice period for either side.

You'd never serve the 2 months notice if you were asked to leave though!

There are very few jobs that require 3 months, and in this case the replacement employee is already in place.

@OP - Create a handover plan if required, and re-negotiate your notice period to include any holiday pay owed and a sooner end date. You should not be waiving your holiday pay.

dkspex

leeroybrown wrote: »

If you look into it you'll probably find that you're not actually forfeiting your holidays. You constantly accrue holiday entitlements while working (or on leave). What your boss is most likely doing is reducing your notice period by the number of days holidays you would be due by the end of the period. You should still be paid for them. If that's not the case your employer is effectively breaking the law. Calm down, do some simple calculations and then clarify the situation (calmly) with your boss.

He definitely said forfeit and not get paid for them. I was actually quiet as a mouse and avoided all manner of conflict throughout my time there (and still do, but its been on my mind now for a few days & the boss hasn't been there). You're right, I'll have to clarify the situation, mention that its 12 weeks notice not 3 months and go from there.

leeroybrown

dkspex wrote: »

He definitely said forfeit and not get paid for them. I was actually quiet as a mouse and avoided all manner of conflict throughout my time there (and still do, but its been on my mind now for a few days & the boss hasn't been there). You're right, I'll have to clarify the situation, mention that its 12 weeks notice not 3 months and go from there.

Get your facts down on paper. Dates, periods, holidays accrued, etc. Let him know that if you cease employment at the date indicated that you'll be owed holiday pay and you expect to claim it. Above all else keep calm.

leeroybrown

zAbbo wrote: »

You'd never serve the 2 months notice if you were asked to leave though!

There are very few jobs that require 3 months, and in this case the replacement employee is already in place.

Three month notice periods are a big bugbear of mine. They're fine if you're in a senior position that's extremely difficult to replace but for an ordinary employee (especially a graduate) they're disproportionately long for most fields and generally are just there as a barrier to job movement.

SCOOP 64

How many employers would wait 3 months for a new employee to start a new job,
not many i would imagine.

dkspex

SCOOP 64 wrote: »

How many employers would wait 3 months for a new employee to start a new job,
not many i would imagine.

Luckily enough, the new company were willing to wait. I can't imagine many companies enforcing the 3 months notice either except for key staff members, I know my motivation and interest has dropped massively in the past month, and there is still a bit to go.

JBRowan

wait it out

seamus

As others have said, you can't forfeit your holiday pay. You can't even sign a contract which says, "I agree to forfeit my holiday pay". It's legally invalid.

Write a new letter to your boss,

"Further to my notice of resignation on <date>, having reviewed my contract of employment the required notice period to terminate this employment is 12 weeks. As such, please be advised that I will finish my employment with <employer> on <date>.

On that date or before the end of that month, I expect to be provided with all back pay (including holiday and overtime entitlements) as well as P45 for this employment year.

Best Regards
etc..."

There's no debate here.

The only option your employer has is to terminate your employment early, in which case you are obliged to be paid for the full period of notice, even if you're not working it.

bcklschaps

leeroybrown wrote: »

If you look into it you'll probably find that you're not actually forfeiting your holidays. You constantly accrue holiday entitlements while working (or on leave). What your boss is most likely doing is reducing your notice period by the number of days holidays you would be due by the end of the period. You should still be paid for them. If that's not the case your employer is effectively breaking the law. Calm down, do some simple calculations and then clarify the situation (calmly) with your boss.

Good advice.

Eoin

zAbbo wrote:

If it's the other way around you certainly wouldn't be given 3 months notice.

zAbbo wrote: »

You'd never serve the 2 months notice if you were asked to leave though!

If the company let you go (other than for gross misconduct), you would be entitled to be paid for the notice period. They might tell you to stay at home, but they'd still have to pay you. Both parties have agreed to a contract.