To hand my notice in

[ToNoticeOrNot]

Ok, so i work for a fairly terrible company. They have ripped us off over pay, treat the staff like crap (think somebody not well, phoning in sick, office put phone down on them)

Anyway tomorrow i have a job interview, i am going to tell my prospective new employer that i need to give a months notice.

DH is saying that, after the way they have treat staff and are not paying me holiday pay because of a policy i knew nothing about, i should just fuck them off and walk out.

I don't feel comfortable doing this, but just out of curiosity what would everyone else do, would it be unreasonable to just leave or not?

Here: www.gov.uk/calculate-your-holiday-entitlement

Dear employer,

I writing to resign from the position of X and I hereby give you 4 weeks notice as required by my contract. I continue to be available for work during the period and my last working day will be Y./As I am employed on a 0 hours contract I am not obliged to be available for work so my last working day will be Y (delete as appropriate).

I addition to outstanding pay of £xxx I am also owed for Z days holiday as per the Working Time Regulations 1998 (amended 2003).

Yours sincerely,

OP

Wow, it's like I've had a lot of small employer clients I'm psychic!

Just out of interest op, is their quibble about the 12 week period?

No nothing to do with a 12 week period.

Thank you so much, says ive accumulated 21.5 days holiday

About 3.73 weeks assuming all your weeks are the same length. That's basically the statutory entitlement of 5.6 weeks per year pro rata'd for 8 months (8/12).

Relevant factors:

Any holiday already taken eg bank holidays
The exact period of employment
The usual working hours, pattern and frequency
When the employer's annual leave year runs

Can you hand your notice in whilst on holiday (annual leave) ?

Yes you can. It would bring the end date forward but you wouldn't then get paid holiday on top which might be useful if there is any delay in getting paid in new job. Also possible while on sick leave but it might seem a bit odd to be going to interviews if too unwell to work and bring the sickness into question.

I was on a zero hours contract, treated terribly, had to go through a grievance to get holiday pay etc, and I just walked.

When my boss threatened me with legal action re my supposed 1 month notice, I explained that I could give my notice, get signed off sick with stress as everyone else who had recently left did until my notice expired (they treated everyone like shit), they would then have to pay me sick pay as shifts had already been given out for those weeks AND pay for the agency worker whose pay they would be suing me for..... or let me leave and simply pay the agency worker. The matter was promptly dropped! They really were bad. Not only did my boss tell me I got no holiday pay on zero hours... lie, but I get no sick pay... lie, get no discount as do other staff... lie, but I also had a clause that while they don't have to offer me hours, I do have to accept all hours offered, so ball totally in their court. You wouldn't believe who I was working for if I told you.... everyone thought I was so lucky to get a job with this outfit, how lovely it must be. We all hated it though!!

Since I left btw, I have had 3 job offers in the last week. So not definitely a death sentence job wise.

In the industry I am in it never pays to upset employers when leaving as you never know if you'll be working with/for them in another company. But then again, I always leave on good terms as I usually move because it's an advancement for me. I've gone back to one a couple of times when it suited both sides.
I've been continously, fully employed since my 16th birthday, part time before, so 40 years I have only once walked out on a job. I knew both directors and the employees. Or at least I thought I did. Immoral, lying, cheating, scumbags. I stuck it for a couple of months, went in on a Monday, gave them my car keys, laptop and phone and told them to stick their job where the sun doesn't shine. Got home to find the phone ringing and one of the directors telling me I'd never work in the industry again and wouldn't be getting a reference. Found another job a few days later (within the industry) and had the best 7 years of my working life .

They meanwhile are running out of people to employ.