Annual leave is a terrible excuse!

I work as a contractor in the nhs and everyone I work with are very senior with long service entitlements and on employment contracts with 6 and sometimes 7 weeks (30-35 days) annual leave.

its actually impossible to get any big projects done in a reasonable time frame as all the senior decision makers are on leave sequentially. So Sue signs off on her piece but then we have to wait two weeks plus the “just clearing my in box after annual leave”) for Bob to get round to his sign off. Then another 2 + weeks for Mo to get back. And so on. It’s incredibly frustrating and really impacts on productivity.

(I’m from a country where when I started work as a grad 3 weeks (15 days) annual leave was the norm. It’s now 2o days but nearly the whole country takes 10-15 days off over Christmas/ new year so you don’t get the disruption during the year.

Letter before action , then court. If its below £10k the MCOL process is cheap and easy (although you have to wait ages for a hearing) Money Claim Online (MCOL) user guide for claimants - GOV.UK (www.gov.uk)

Ask about his leave
You can't do that
Yes you can
...

So much discussion of an irrelevance. If an organisation owes you money and one individual in that organisation is blocking this, you go around them. You don't piss about asking about his leave plans and trying to work around him.

The only relevant questions right now are:

• has the amount been agreed?
• is there a written agreement to pay it? (invoice, etc.)

Give them 14 days to pay or you’ll commence legal action

and then do it

If only it were just annual leave that people use as an excuse for inefficiency.

I sacked a solicitor a few years ago because she apparently didn't work Friday afternoons despite telling me she worked full-time and regular office hours when I hired her.

I wouldn't mention the leave or say anything about knowing all their planned leave; as pps say, it could be ad hoc and down to health or personal circumstances, or they could be telling a white lie and it's compassionate leave or similar. You could get yourself into a world of trouble.

I agree with the advice to be firm though. I'd talk to a solicitor and get their view and, if they advise it, say your next step if you don't hear by x date is to get your solicitor involved. I'd go above/round this individual if possible; find out who's the next person up or along. Email them but copy in the original individual (or vice versa), so no one can say you're trying to cut them out.

Is this something you can ask one of his colleagues to take over? Can you escalate to his boss and say you're sick of all the excuses and you want to deal with someone else?

Can you ask 'other than annual leave, what other constraints do you see that will prevent you from responding by xx?' or 'please advise if you have a delegate who will be able to respond in your absence as further delays will be detrimental to your legal position'.

I thought you were referring to my old boss until you mentioned it's a "he"

It got so bad that when I told clients she was on holiday, they would say "AGAIN?"

I used to work with academics and I was thinking exactly this. Good at deadlines That's why they have mugs support staff like I used to be, to meet their deadlines for them or bully them into meeting them.

@ANightingaleSang to be honest I also think some people just operate like this. Bat away the email/question/letter etc. One of my siblings does it, even admitted they do not reply to emails etc. Over the past year we as a family have had a lot to sort for our elderly parents and my sister and I have done most of the admin etc. We asked our brother to do one thing and he just ignored the email. Another approach is whenever anything needs discussing or doing he trots out one of the following ‘sorry I’m in meetings/London/governors meeting/strategy meeting……I do not need to know any of that information it is irrelevant but clearly he feels he can justify his excuse…..good luck!

I had similar with a tradesman who I have a claim against. He was always “away” and would respond when he came back. In the end I’ve just sued him and he ignored that too so now I’ve got a judgement in default and need to enforce it. I think you have to draw a line under it and send a formal claim letter( if not already) with two weeks for them to send you the money or otherwise reach a resolution - otherwise you file a claim. I wish I’d done mine sooner but I kept giving hi. The benefit of the doubt.

Can you copy in their line manager or head of service? Or even give them a call? If the person is very senior and it’s local authority it might be worth getting in touch with the local elected member or cabinet member for education.

They have been stalling payment for over a year and using the words "annual leave". They are past the point of their creditors falling over themselves to be ultra sensitive to a debtor.

Its pretty clear that they are delaying payment or incompetent in the organisation. Either way the OP needs to prep for the first legal letter.

I was wondering if they were stalling because if a time limit too.

I think you need legal advice on that.

@Tiredofallthis101 has drafted a good letter above. I'd use that and add in a date that you need to get a reply by or you will be contacting your lawyer.

And do it. After that I ms be looking for one letter from my lawyer to scare them a bit. Even if it's just saying "my client expects a reply to her letter of x date. Failing that I have been asked to take this matter forward. I will be reviewing the position with my client on x date if she has not received your reply by then". If you can get your lawyer to do that lol. One letter shouldn't cost toooo much. I'd hope!

Be blunt. Tell them that they have used 'annual leave' as an excuse for things not being done x times over the last year and that you are now at tge point where you want a date for completion in entirety otherwise you will be making a formal complaint about this highly unsatisfactory situation.

There’s no time limit for this legal action is there? I’d be very suspicious of all this stalling. Do make sure they’re not trying to push things past a certain date.

After a year the softly softly approach or asking for a deadline isn't going to work in my opinion. I'd say something like:

Hi Dave,

It has now been 52 weeks since I requested this settlement be paid. This timeline has extended far beyond what i expected or seems reasonable. I totally understand you have other commitments that might delay your response but if so then to keep this moving forward in your absence someone else needs to respond to it. As you know I an loathe to take legal action but it is increasingly feeling this is my only option. I'd be grateful if we could have a conversation to agree fixed deadlines to get this matter resolved urgently, to avoid costly and time consuming legal action that will be more difficult for both of us.

I have no idea why you think academics would be good at working to deadlines, they're the worst! DH is one, he currently has at least one book chapter that's THREE Years overdue and he's been writing a book for over 10 years now!

You really need to change that narrative. Make it clear to them that you are now coming to the view that you have no alternative but to go for legal action because this should all have been resolved at least six months ago, talk about consulting your solicitors, say you have been advised that their costs liability will be substantial if you have to follow this route. If need be, take that first step and instruct a solicitor to write. You are way down their list of priorities and you need to put yourself at the top of that list.

Yup they should

Thank you. I would also consider saying is there someone else I can be speaking to when you aren't available.

I'm really sorry you're having to go through this op it sounds a nightmare.

I'm not denying that

I don't disagree with the organisation being shit at not finding cover and seemingly leaving it up to one person.

Again, if they regularly have medical leave over a year meaning they can’t do their job then someone else has to be handling it.