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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hi, Im leaving my current employer and have been told i need

Resolved Question:

Hi, Im leaving my current employer and have been told i need to work 3 months notice instead of 6. They waived the 6 months.
However my current employers holiday year is august to september. I took no holidays last year and so had 26 brought over to this year (not the norm but agreed as written evidence of each not being able to take holidays due to travel and workloads). Based on my departure date of November 28th; i have been told they will pay me 30 days holidays however during last financial year i spent a lot of time in the United States on large trips (for example 6 week stint). Each time i would travel out on a sunday and back to the UK on a saturday; This including the weekends (which they have already recompensed me for expenses of) actually accumulates to a total of 56 Days owing to me not 30.
Several occasion i have asked for confirmation that this will be paid to me or i will be allowed to take the difference of 26 days holiday during my notice period however i keep getting push back (we are still working it out). So my question is, can i give a deadline and could this be used as a way for my employment contract to be rendered void based on the inability to meet contractual obligations; at which i would not be legally bound to give a notice period longer than 2 weeks ?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you usually given days off in lieu for the travel time that you have mentioned?

Customer:

Hi Jenny

Customer:

Yes

taratill :

Thanks, ***** ***** from your question that you want to leave early? Is your employer likely to suffer a financial loss if you do leave early?

Customer:

potentially

Customer:

i am the lead architect on CRM system implementation, phase 2 of the project is still up for grabs and my departure may allow another company to gain favour

Customer:

as phase 1 end this month (sept)

taratill :

Ok thanks, ***** ***** do not think that the failure to agree payment for these hours will assist you if you do chose to leave early. If you did then you would be in breach of contract and your employer could potentially sue you for damages arising from the breach. This could be the value of the loss of the job (if this occurs). The fact that your employer has breached your contract would give you a counter claim potentially but it would not give you the right to leave in breach of contract.

taratill :

I do think that your employer should be reasonable in agreeing to pay you though. It is possibly worth having a discussion about your issues, it may well be that your employer would agree to release you early in any event.

taratill :

If you have any further questions please do ask.

Customer:

ok thanks for your answer

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