Any Employment law experts ? (Seatallan?)

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Any Employment law experts ? (Seatallan?)

Postby PatsyMFagan » August 11th, 2017, 12:52 pm

My daughter has got herself her dream job, working the shifts she wants, more money, yearly incremental pay rises, days off in lieu etc.

She handed her notice in to her current employer at the beginning of the month, so effectively her month's notice takes her to 31st August. Her new employer would like her to start as soon as she (legally) can. As she has 3 days holiday owing her, she has asked if she can take the 3 days at the end of her notice period, effectively leaving her present company on the 25th. She can then start work at the new place on the 26th ...

She has been refused her holiday request, the reason being :

....This is for operational reasons to ensure continuation of services & is applicable to all staff until the end of August. You will note in the handbook that the company reserves the right to do this.
 
Please note if you fail to attend on these days it will be classed as unauthorised absence, as per the conduct procedure and a disciplinary may follow. ...


The MD seems not to realise that Wendy is in her notice period and so will have already left before any disciplinary procedure can be started and on more than one occasion, managers have allowed more than one employee to take leave at the same time (usually leaving Wendy to pick up the pieces and carry on regardless)

Wendy is worried that she won't receive her last month's salary .. I have assured her that they are legally bound to pay her for the days she has worked, although they may hold it back for whatever reason they can dream up.

Am I right ? Does she have any recourse ?

 
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Re: Any Employment law experts ? (Seatallan?)

Postby Ratatouille » August 11th, 2017, 12:57 pm

Patsy, DD was an emloyment lawyer and is here at the moment. When she come back in I'll sak her.

In the mneawhile congratulations to Wendy on the new job :tu:
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Re: Any Employment law experts ? (Seatallan?)

Postby Riocaz » August 11th, 2017, 1:18 pm

Yes you are right that they can't withhold her final month's pay. However IIRC she couldn't/shouldn't start until that leave was over as she is still technically employed by her old firm despite being on "leave" at the end of her notice.

What she should do is go to HR and request that in lieu of that leave they bring her leaving date forward.
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Re: Any Employment law experts ? (Seatallan?)

Postby Luca » August 11th, 2017, 1:58 pm

Riocaz wrote:Yes you are right that they can't withhold her final month's pay. However IIRC she couldn't/shouldn't start until that leave was over as she is still technically employed by her old firm despite being on "leave" at the end of her notice.

What she should do is go to HR and request that in lieu of that leave they bring her leaving date forward.


I'm going on info a few years back but exactly that scenario. Obviously all should be documented at the time and kept.
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Re: Any Employment law experts ? (Seatallan?)

Postby PatsyMFagan » August 11th, 2017, 2:10 pm

Panic over ! She has called their bluff and said (in the absence of any face to face interview to discuss this and with no response from HR regarding her notice period/terms of contract, and never having seen a handbook), she was giving a week's notice effective from today and would leave next Friday ... The MD then emailed (the only means of communication so far) and asked if she would reconsider, and leave on the 25th to help out her work colleagues !!!

Thanks all ;)
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Re: Any Employment law experts ? (Seatallan?)

Postby Riocaz » August 11th, 2017, 2:27 pm

Make sure she gets it in writing! Email MIGHT be sufficient, but a signed letter from the MD would be better!

And print out the email before her email access is terminated.
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Re: Any Employment law experts ? (Seatallan?)

Postby TeresaFoodie » August 11th, 2017, 4:14 pm

I had a similar situation once before with a former employer. It was so long ago laws have probably changed by now but, still I felt angry for Wendy. I am pleased there has been a happy outcome. I seem to remember my employer went on about terms being in a handbook. Employees had to sign to say they received a handbook (which I hadn't) and when I asked for proof that I had signed for it they could not so had to cave in and had to accept my request. A later employer had the same policy and I hadn't signed but they told me as stated in my employment contract, if in doubt 'consult the company intranet'. So they had you over a barrel.
Well done and good luck in your new job Wendy! :tu:
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Re: Any Employment law experts ? (Seatallan?)

Postby Seatallan » August 11th, 2017, 4:18 pm

Glad to hear Wendy has sorted it out Patsy. :wave: :luv:

Employment wasn't really my area (I was a benefits specialist) but I have a fairly good working knowledge by osmosis so am always glad to be of assistance if I can. Sounds in Wendy's case as though it was more cock-up than conspiracy.
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Re: Any Employment law experts ? (Seatallan?)

Postby StokeySue » August 11th, 2017, 4:22 pm

I know nothing
But really pleased for Wendy :hi5: :hi5: :hi5: :cocktail: :cocktail: :cocktail:
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Re: Any Employment law experts ? (Seatallan?)

Postby northleedsbhoy » August 11th, 2017, 5:24 pm

Employment law can be a bit of a mine field and it's best to consult someone who specialises in that area. Leaving to start another job within the period of notice can be even more tricky even though leave might be owed. I'm glad it's been sorted out but some companies put a clause in the contract that they can't take up a position in the same field for several months. There are a few High Court and Court of Appeal judgments on this.

Cheers
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Re: Any Employment law experts ? (Seatallan?)

Postby Zosherooney » August 11th, 2017, 6:37 pm

Patsy, - Great News !!!! Well done Wendy :hug: :luv:
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Re: Any Employment law experts ? (Seatallan?)

Postby PatsyMFagan » August 11th, 2017, 6:51 pm

Thanks NLB, but this company doesn't seem to have had much of a professional attitude and she had them over a barrel when HR couldn't provide the documentation she had requested, much less provide the handbook the MD referred to. I was a bit surprised they didn't put her on garden leave as she is still in the same profession, although a different part of Transport planning ... 2 weeks down the line and no-one from senior management has had a one to one with her :(
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Re: Any Employment law experts ? (Seatallan?)

Postby Ratatouille » August 11th, 2017, 6:52 pm

Great news and well done Wendy. Alison when she came in, said it was a none starter. Lee was right but if they refused then she was entitled to three days additional pay. Good for Weendy for standing up for herself - would that a few others would do the same.
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Re: Any Employment law experts ? (Seatallan?)

Postby Riocaz » August 15th, 2017, 12:40 pm

northleedsbhoy wrote:Employment law can be a bit of a mine field and it's best to consult someone who specialises in that area. Leaving to start another job within the period of notice can be even more tricky even though leave might be owed. I'm glad it's been sorted out but some companies put a clause in the contract that they can't take up a position in the same field for several months. There are a few High Court and Court of Appeal judgments on this.

Cheers
NLB :tu:


My understanding with straight non-compete clauses was/is that they are standard but "pretty much unenforceable" as they effectively prevent you from practicing your profession. Less generalised ones (e.g. preventing you poaching staff/clients, with strict, reasonable, time limits) can be.
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Re: Any Employment law experts ? (Seatallan?)

Postby icelesley » August 15th, 2017, 2:45 pm

I might need an employment law expert myself shortly :rolleyes: Well done Wendy on the new job :cocktail: :cocktail:
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Re: Any Employment law experts ? (Seatallan?)

Postby PatsyMFagan » August 15th, 2017, 8:30 pm

Still no-one from management has had a one-to-one with her and on her last week, they have allowed one of the part timers to book the week off. She is renowned for doing this when the department is short staffed. So much for the MD's original quote from the handbook that apparently states:

....This is for operational reasons to ensure continuation of services & is applicable to all staff until the end of August. You will note in the handbook that the company reserves the right to do this.

So her last week will see her more stressed than ever ... :evil:
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