Who knows about notice periods and holiday pay?

I'm leaving a shite job with a shite employer after 9 months, to take up
a proper sales job. My current boss told me he expects me to give 4
weeks notice, which I laughed at and told him he'll get a week as that
is all I am obliged to give by law. He then implied that if I didn't
give 4 weeks notice then they would dock my holiday pay to make up the
difference, as if I was taking holiday in lieu of notice. I think he's
under the impression that what he told me about notice periods etc is a
verbal contract, despite me not agreeing to it or seeing it in writing.

I haven't seen, let alone signed a contract in 9 months, and terms and
conditions of employment have been dropped in as we went along. I was
told I was entitled to 20 days holiday per year, starting on January
1st.

I leave my job on 13th July and start the new job on 19th. Can my
employer deduct the holiday pay in lieu of notice?

 

depends on country and newsgroup
try one of the legal ones mate

 

It's complicated but basically if you've worked for 9 months he's
only obliged to pay you 15 days, less any days you've already
taken. Anything above that is good will. He's saying that if you
hold him to the rules re notice then he'll do the same with your
HP. However by law he should have given you a written T&C
statement after 2 months. You should really talk to the Citizen's
Advice.

http://www.adviceguide.org.uk/index/life/employment/holidays_and_holiday_pay.htm

riccip

 

Wrong. Some firms put this into their written contracts, but you
usually accumulate it as you go along.

 

I think that's what gazzafield was saying - after your first year is
complete, you're entitled to a full 20 days, but after six months,
you're only entitled to half that. So you're not entitled to the full
20 days after working there just a month.

 

If the boot was on the other foot, how would you feel if you were given 1
weeks notice to quit?

From the ACAS site:
Statutory rights to notice
Most employees (8) are entitled to at least one week's notice after one
month's service, two weeks after two years and an additional week's notice
for each complete year of employment up to a maximum of 12 weeks for 12
years' service. An employee must give at least one week's notice after one
month's service and this requirement does not increase with longer service.

A contract of employment can include provision for longer notice periods to
be given by either side. In addition, both employer and employee may agree
to waive their rights to notice or employees may accept wages in lieu. If
there is no express term regarding notice the courts will imply a reasonable
period of notice. No term is implied in fixed-term contracts.

http://www.acas.org.uk/publications/H03.html#6

 

My friend was sued for the cost of hiring a temp to do his job after he did
this. He lost the case and had to pay up.

 

The Smiths says...

If I was paying someone what this bloke pays me, then I'd expect him to
walk out the moment the new job offer, which is worth lots more money,
arrived in his sticky mitts. Would you stick around earning shite money
doing something you hate for someone you've grown to dislike, when
there's real dosh to be made doing what you love and what you're good
at?

I think not.

 

If the job was that bad you did not need to take it, or stay more than a
week. He has at least been paying you some money. As you do not get on
with him , it is only making the matters worse.

Offer the notice period, less the pro-rata amount of days off owing too
you. That is all that is needed.

When I left Triplex after 8 years, I handed my 4 weeks notice in, then
booked 2 weeks holiday owed to me. I was prepared to throw away another
week of hours owed to make sure I handed over during the remaing 2 weeks.
So they bent the rules and paid me for the week owed.

It helps to part on good terms.