Cole
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Registered: 11th Nov 02
Location: eastbourne Drives:zafira sold now a qashqai
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When you leave your job
When you leave a job - for whatever reason - you can take the statutory holiday entitlement that you have accrued up to the time you leave during your notice period, as long as you give the right notice and your employer agrees.
You also have the right to be paid for any untaken statutory holiday entitlement that you have accrued.
If you have taken more leave than your accrued entitlement, your employer shouldn't take money from your final pay unless it's been agreed beforehand. Check your contract to see if there's any such agreement.
If you have been off sick for the whole of the holiday year, there is no legal right to receive any holiday pay when you leave.
taken from the direct.gov website
i would say i am finishing on wed you knew i was leaving sorry they cant take money from you if they do you can take em to court for example and you would win hands down
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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They can take money from you, in the contract you'll find something like...'You agree to allow the repayment of any overpayment,, blah blah, blah'.
And if it doesnt have this, then its a shocking employment contract.
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Cole
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Registered: 11th Nov 02
Location: eastbourne Drives:zafira sold now a qashqai
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check your contract or at least find it my comment above may be wrong so i will go and hide in a corner and keep my mouth shut lol
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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I only know as Ive just issued a new contract to the 50 or so people we employ, and thats in there for these sorts of situations (as well as someone people stupid when paying them and adding an extra zero to the real amount  )
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Fro
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Registered: 20th Jun 06
Location: Rainham, Essex Drives: A3 2.0TDi Sport
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In my experience working for capita, they LOVE to reclaim anything back from employees that leave. Holiday pay, season ticket loan, pc loan etc They just invoice the people once they have left, then i get them phoning up in a hissy fit 
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JadeM
Premium Member
Registered: 9th Feb 06
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Right the boss has had me into his office today. He's not happy that I'm not going to stay till the end of the month. I basically told him I'd worked my months notice and was deffo going on Friday, and if he had overpaid me to take it off my final salary. He has since MSN'd me saying he's asked my replacement to start tomorrow so I can train her and he'll work out my final salary before Friday.
He's not commited himself as to whether he's going to take off the 2 weeks holiday or not yet If I knew he deffo was going to deduct it, I'd be VERY tempted to go sick for the next 3 days and leave them in the shit
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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Find your contract and post up how many holidays you've taken, how many entitled to and when they run from and I'll work out how many days (if any) he is going to take off you. Then you can work out if to have that bug thats going around lately or not!!
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Fad
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Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
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Pretty rubbish how they have left recruiting to the last minute and then trying to palm it off on you!
I would just let them have the money for peace of mind I was going to a better job
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JadeM
Premium Member
Registered: 9th Feb 06
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Cosmo, I can't find my contract. I do have it somewhere I'll need to have a better look when I get home
Fad, thats what I had planned. I'd rather leave owing them nothing, and I really didnt want to leave under a cloud if possible 
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Colin
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Registered: 4th Apr 02
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Why do you need to train the new start.........I mean how hard is it to answer the telephone? 
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JadeM
Premium Member
Registered: 9th Feb 06
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quote:
Originally posted by Colin
Why do you need to train the new start.........I mean how hard is it to answer the telephone?
Thanks ....... 
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Colin
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Registered: 4th Apr 02
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You going to train him/her how to skive all day? 
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Colin
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Registered: 4th Apr 02
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Reg pay - Id ask straight up, are you going to pay me up until Friday, otherwise ill just finish now thanks!
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Fad
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Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
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quote:
Originally posted by JadeM
Fad, thats what I had planned. I'd rather leave owing them nothing, and I really didnt want to leave under a cloud if possible
Its gone past that now if they are willing to mess you around and you have worked your notice then tough luck. Check that your references have all gone through though
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Robbo
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Registered: 6th Aug 02
Location: London
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I'm afraid legally you are a little screwed... you're only 2 months into your holidya year so only accrued 2/12 of your entitlement which I'm bettign doesn't cover 2 weeks at Xmas... however, I would eprsonal;ly speak to CAB as if the office was closed you couldn'rt have done anything
Alternatively, speak toy uor new employer and ex;plain the situation, they may allow you to defer joining by a few weeks or even offer to make up the pay for you, if you dsont ask you don't get
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Robbo
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Registered: 6th Aug 02
Location: London
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quote:
Originally posted by JadeM
Right the boss has had me into his office today. He's not happy that I'm not going to stay till the end of the month. I basically told him I'd worked my months notice and was deffo going on Friday, and if he had overpaid me to take it off my final salary. He has since MSN'd me saying he's asked my replacement to start tomorrow so I can train her and he'll work out my final salary before Friday.
He's not commited himself as to whether he's going to take off the 2 weeks holiday or not yet If I knew he deffo was going to deduct it, I'd be VERY tempted to go sick for the next 3 days and leave them in the shit
Not being funny here as I fully udnerstand your points but your attitude in the last sentence sucks, they ahvent really done anythign wrong in fairness and it is up to you to make sure you don;t take more holiday than you're entitled to
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Robbo
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Registered: 6th Aug 02
Location: London
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Also, just to add, you may not care but you can still be fired during your notice period, they still can't give a bad reference but if asked they cna say they terminated your employment so I would be wary about leavign them in the shit
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_Allan_
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Registered: 24th Mar 04
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quote:
Originally posted by Robbo
I'm afraid legally you are a little screwed... you're only 2 months into your holidya year so only accrued 2/12 of your entitlement which I'm bettign doesn't cover 2 weeks at Xmas... however, I would eprsonal;ly speak to CAB as if the office was closed you couldn'rt have done anything
Alternatively, speak toy uor new employer and ex;plain the situation, they may allow you to defer joining by a few weeks or even offer to make up the pay for you, if you dsont ask you don't get
Are you pissed Robbo?
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Robbo
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Registered: 6th Aug 02
Location: London
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no i just cant type for shit 
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Colin
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Registered: 4th Apr 02
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Rob the companys taking the piss & have for a long time before now.
Asking her to work to the end of the month when 1. she handed in her notice in the middle of December & 2. will be out of pocket if she works on as her new job pays a good bit more (reason for leaving).
If they pulled this on me on my last week giving threats of no pay id be considering walking too.
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Robbo
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Registered: 6th Aug 02
Location: London
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OK my wording there is shit, but the point I was tryign to make is that from an employers point of view they would be doign nothign wrong by deducting pay for the additional holidays youve had over an above your entitlement. If you miraculously went off ill in your last few days and there was a clause in your contratc (as there is in many) that states they can request a doctors certificate for evne a days absence then you may find a wanker manager (this one deosnt sound greta tbh!) requests one and if you cant provide etc they may even be as tempted as to fire you (seen this done before before anyoen suggests its a bit pie in the sky!)
Just a warnign as to the negative effects anyhoo
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Robbo
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Registered: 6th Aug 02
Location: London
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quote:
Originally posted by Colin
If they pulled this on me on my last week giving threats of no pay id be considering walking too.
I would too, as I said in ym last post juist tryign to put across the poitn of view of a dodgy employer as, as I said, Ive seen people fired in their last few days before
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JadeM
Premium Member
Registered: 9th Feb 06
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Thanks Robbo
I've always been conciensious about my work, ever since I started with them. I take on a lot more work than I'm paid for, doing the buying and stuff when the buyers off not getting paid an extra penny for it!
I can see your point about the wages, but my attitude isnt shit I'm just totally pissed off at there attitude to me and now feel I owe them nothing. They have known for a full month that I was leaving on Friday, they only threw the wages thing in my face yesterday when I told them I needed to leave on Friday as planned
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Andrew
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Registered: 5th May 04
Location: Skoda Octavia Estate, Ford Puma
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quote:
Originally posted by Colin
Rob the companys taking the piss & have for a long time before now.
Asking her to work to the end of the month when 1. she handed in her notice in the middle of December & 2. will be out of pocket if she works on as her new job pays a good bit more (reason for leaving).
If they pulled this on me on my last week giving threats of no pay id be considering walking too.
Considering.. I would have gone mate
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Fad
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Registered: 1st Feb 01
Location: Dartford Kent Drives: 330cd
User status: Offline
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Just look forwards to your new job....proper QS'ing this time I hope?
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