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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46180
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Dear Sir;Please find enclosed two emails, what I would

Resolved Question:

Dear Sir; Please find enclosed two emails, what I would like to know is if my employer can legally do this against my will ? Dave, Kate, Paul and I have discussed your letter and I want to come back on the elements that you have raised in your resignation letter below. I can confirm that you will be eligible for you Q4 bonus but, unfortunately, we cannot agree to your request for your last working day to be Friday 13th December. As you will understand, we are at a critical stage at BP and neither Paul or I feel comfortable that we will be in a position for the public folder sync or the wider migration programme to be in the right state to allow you to down tools by next Friday – particularly as we need the new public folder approach bedded in. Ideally we would also like to have your replacement in place for you to handover to but appreciate that it may be a tall order to make this happen in time. We would therefore like to propose that you work until 20th December – take time off between Christmas and New Year – and, while we would hope that it would not be required, that there is a possibility that there may be some lose ends to tie up before your departure. I appreciate that you will inevitably be disappointed but neither Paul or I do this lightly and it is a measure of both the critical nature of the BP Programme to our organisation and the crucial role you play on it. You have our commitment that Paul, the BP team and I will work closely with you to get this closed off as quickly as possible so that you can take as much leave as possible As I’m sure you’re aware, you are obviously entitled for any untaken leave to be paid as part of your final paycheck. Best wishes, Simon ========================================================= Dear Simon and Paul; It is with a considerable amount of regret that I have to inform you of my resignation from EMC. I applied for and have successfully acquired a role in Sungard Availability Services and will be commencing employment with my new company on the 6th January 2014. In keeping with company policy I am giving you 1 months advanced notice of my resignation which in effect is Sunday 1st December 2013. I have 12 days annual leave that I need to take and as a result of this and bank holidays during the coming weeks I would like to make my official leaving date Friday 3rd January. If you are in agreement with this then it means that my last working day at EMC will be Friday 13th December. Can you please confirm that this is both acceptable and in keeping with my contractual terms and conditions. I do of course appreciate that both I and EMC as a whole has considerable commitment with our clients at BP and during the next two weeks I will work hard to leave our position in as strong a place as possible for EMC to move forward with them, provided that you wish for me to continue in my current role and capacity for the duration of my working employment with EMC. I would also like to confirm some other elements listed below if you can assist, assure them and make sure that I haven’t missed anything: a) That I will be eligible for my quarter bonus from Oct through Dec 2013 b) That I will provide annual appraisals of my staff prior to leaving c) Ensure that my timesheets and expenses are in order and those of the people that I currently manage d) That I will return all my EMC assets to a person and location of your choosing on my last working day which includes my laptop, home printer, mobile phone, EMC access pass and RSA Key Fob along with a leavers checklist fi you can provide me the latter. In my time with EMC I have worked with some of the most committed and professional people that I have come across during my career and I will carry fond memories of some of the experiences that I have had with EMC as a result. I do however now need to move my career forward so that I can once more attain a position in keeping with the level I achieved within IBM Global Services back in 2007. My new position will give me significant opportunity to achieve that so that I can add more value to both my employer and my family alike. As previously stated it is not without regret that I am writing this letter and would like to thank yourselves and EMC as a whole for giving me the opportunity to work in the company for the last three and a half years or so. Yours Sincerely; David XXXXX

Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there?

JACUSTOMER-7u2h7ts4- :

3 years and 6 months

JACUSTOMER-7u2h7ts4- :

There is a lot of history here I have been treated so direspectfully XXXXX XXXXX I owe the compnay nothing, for instance recently I was given a promotion but then it was withdrawn three days later, they interviewed me again and "three weeks later" told me they were going with an external candidate

JACUSTOMER-7u2h7ts4- :

Are you still there ?

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Ben Jones :

Many thanks for your patience. Assuming that you are obliged to give the employer a month's notice of resignation and have submitted this on 1 December 2013, your employment should terminate on 1 January 2014. The key would be what you are required to give under contract and you must adhere to that. If no specific notice period is stipulated in your contract you can actually just leave with a week's notice.


 


So assuming that in this case you need to give a month's notice, you would generally be expected to work as normal throughout that period. You may have some outstanding holidays that you wish to take as part of your notice period and you can submit a request with your employer to take these days off. However, under law (the Working Time Regulations) an employer is allowed to reject your request in one of two ways:



  • By arguing that you have not given them sufficient notice to take the leave - by law you are required to give the employer notice equal to at least twice the length of the leave to be taken. So if you wanted to take 12 days off, you need to have made the request at least 24 days before it was due to be taken. It does not appear you have given them sufficient notice here so they can use this as a reason to reject your request

  • Even if you had given them sufficient notice, assuming your request was not formally approved, the employer can still reject this by giving you notice equal to at least the length of the period you wish to take off. So in the same example, as long as they reject your request at least 12 days before it was due to be taken, they can legally prevent you from taking this time as annual leave.


 


You can leave early but by doing so you will be acting in breach of contract. It means the employer can seek compensation for any losses the business has incurred as a result. They can also mention you left in breach of contract in any reference they provide (or even refuse to provide one). Also you need to check the exact terms of your bonus because whether you are still eligible for it may depend on how you left the company, although if it was performance-based and you have satisfied the necessary criteria the employer should not withhold it.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones :

Hello, have you managed to access my response I provided last night?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46180
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 3 other Law Specialists are ready to help you
Expert:  Ben Jones replied 3 years ago.
Hello I understand you had problems viewing chat mode so I have ended that and switched to the more user-friendly Q&A mode. My posts should now be visible above. Please let me know if you have any queries or leave a rating if you are satisfied with my answer. Thank you

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