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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think I'm due to be paid accrued leave?

39 replies

edwinbear · 21/07/2017 21:33

I recently left a job I'd only been in for 7 weeks for a number of reasons. It was an apprenticeship and they withdrew the apprenticeship aspect of the role 2 weeks after I started, they also refused to give me any training or actual work to do, and at the point of leaving I was still waiting for a desk phone and access to the shared e mail which the work flow came into. But primarily, because I got a substantially better job back in the industry from which I'd been made redundant 9 months prior.

I did not work my notice, explaining to my line manager I believed it mutually beneficial as I wasn't actually doing anything other than on line learning.

I had not taken any annual leave and had accrued 2.5 days, which they are now refusing to pay as apparently I should have taken it whilst working my notice, ACAS tell me, regardless of whether I worked my notice, I have a statutory right to paid leave and they cannot withhold this.

AIBU to pursue this or should I rack it up as a consequence of not working my notice?

OP posts:
Creampastry · 21/07/2017 21:47

You didn't work your notice so potentially they could deduct the leave from that.

HRpodperson · 21/07/2017 22:08

What does your employment contract say ? They have a right to claw back pay if you refuse to work your notice period if it's in your contract.

donquixotedelamancha · 21/07/2017 23:07

"What does your employment contract say ? They have a right to claw back pay if you refuse to work your notice period if it's in your contract."

They have the right to pursue legitimate cost of breach of contract. It would never happen in these circumstances, but either way they haven't notified OP of costs.

ACAS are (unsurprisingly) correct. Send them a 'letter before action' (google for examples). How much energy you put into pursuing it after that depends on how much it (and your time) are worth.

SabineUndine · 21/07/2017 23:10

Where I work you don't get dosh instead of accrued leave. You take the leave or lose it.

AlternativeTentacle · 21/07/2017 23:16

well sabine, in the uk the law is that you need to be paid the untaken leave. however, in the case of the OP, yes the leave is effectively the notice period.

skyzumarubble · 21/07/2017 23:19

I think you've just taken leave in lieu of notice though?

Original poster
edwinbear · 22/07/2017 02:38

Well, ACAS tell me the breach of contract of me not working my notice is a separate (civil) issue, for which they could legitimately pursue me for costs in the event my leaving early caused them expense. This would be hard for them to prove given I wasn't actually trained and doing work.

However, I have a separate, statutory, unrelated right to paid holiday. To which I'm entitled regardless of whether I worked notice or not.

OP posts:
Creampastry · 22/07/2017 05:58

You really need to let this go.... they could seek money from you which wouldn't be good. You broke the terms of your contract by leaving early, Hence, don't walk out of a job without fulfilling the contract.

OliviaStabler · 22/07/2017 06:07

I second the letting go. I appreciate they have stuffed you with their actions but for 2.5 days it isn't worth the effort. Put your energies into finding fulfilling employment.

Chapterandverse · 22/07/2017 06:10

How much are we talking here in ££?

You'd have to weigh up if it's worth it in stress.

Nearly10to9 · 22/07/2017 06:11

I third the letting go. I appreciate they have stuffed you with their actions but for 2.5 days it isn't worth the effort

How much would that be? On an apprenticeship level wage I mean?

MarcelineTheVampire · 22/07/2017 06:26

Believe me, it will cost more in time and energy than 2.5 days pay is worth. However, ACAS are correct and legally you are entitled to the money so you could pursue it.

Mummyoflittledragon · 22/07/2017 06:31

It was supposed to be an apprenticeship. They will not have been paying much. It is all round horrible how they treated you. However I would let it go. Find yourself another position.

RainaBaina · 22/07/2017 06:35

You've got a nerve. You land them in it then want holiday pay? Nightmare employee.

icelollycraving · 22/07/2017 06:39

Let it go. If you have got another fulfilling job then chalk the other one up to experience. Yes, you are entitled to it but if it's an apprenticeship then the earnings will be low anyway. Use your energy on fulfilling your new job.

SamiZayn · 22/07/2017 06:46

I find the reactions quite surprising here. I wouldn't necessarily go all the way on this, but would definitely pursue it. Did they agree to let you leave early?

Mummyoflittledragon · 22/07/2017 06:46

Yeh yeh Raina. Sure op has a nerve. Because of course they're not a nightmare employer at all for hiring op on false pretences. Get a life

RortyCrankle · 22/07/2017 06:53

If you pursue payment for the 2.5 days it's more than likely that they will in turn pursue recompense from you for breaking your contract by walking out without working your notice which will leave you very much worse off.

Maybe best to get on with enjoying your new job.

lljkk · 22/07/2017 07:03

YABU.

pinkdelight · 22/07/2017 07:03

Why would you fixate on this? It's very bizarre. Whatever the small print, in the real world you got the notice period as time off. Let it go and put the whole botched job behind you.

SuperBeagle · 22/07/2017 07:09

It's 2.5 days worth of pay. Not worth focusing on, and pursuing it could turn out to cost you far more than you would gain.

Leave it. Get on with the new job.

Wonders71 · 22/07/2017 07:15

The employers are rubbish! But you left because you got a better job and both parties agreed you could leave early isn't it common sense they would have taken any holiday entitlement when you left early.

mohuzivajehi · 22/07/2017 07:21

I'd let this one go as it will be way more hassle than it is worth.

However if this happens again, the thing to do is to calculate how much leave you are owed and write a letter of resignation that says something like "... I am able to give notice that my last effective day of employment is xx/xx/xxxx. I understand I have accrued annual leave of 2.5 days which need to be taken during my notice period so I do not expect to be in the office after xx/xx/xxxx" (where the second date there is the current date if you are leaving today). They then have to either pay you till the first date on the letter or find a way to sack you effective immediately which is a way too difficult can or worms so you end up getting effectively pay in lieu of accrued leave.

user1495025590 · 22/07/2017 07:26

bp some poor advice on here. Firstly if you worked 7 days without leave you willbe entitled to more than 7 days.assuming the minimum entitlement of 26 days per annum you would be entitled to 3.5 days. You are entitled to be paid for this, as others have said recovering damages for your breach of contract would be a civil matter for which they would have to take you to court.they will not want the expense and hassle of this, especially since they would have to prove they had lost money through your departimg without notice, besides they had already breached contract by removing the apprenticeship aspects of the job. Go to the Citizens Advice Bureau and they will advise you have to proceed

MudCity · 22/07/2017 07:36

I would definitely let it go. Although you are entitled to it, pursuing it could lead to them pursuing you for breach of contract.