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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Can my work do this? Ah!

220 replies

Workdilemmma · 17/05/2023 16:16

So I have a new job, and gave notice (4 weeks) to my current job at the beginning of May, in writing to my manager over email. I wrote a letter of resignation and attached it and my manager wrote back and it was accepted etc.

I was told I would hear from HR regarding my left over annual leave/last day etc, but as I hadn’t heard from them I messaged today to ask if all was ok.

Well, it turns out that my manager never gave them my resignation or told them I was leaving- and HR have said that they can only accept my resignation from today’s date and if I was to leave before this, it would have to be out of my remaining annual leave balance.

I am due to finish on Friday, take a weeks annual leave and then start my new job. Can they really make me work four weeks if this wasn’t my fault? And will they take my annual leave balance from me if so?

Btw, our annual leave runs June- July and I’ve only take 3 days- so would be owed a bit I think.

OP posts:
Doggymummar · 17/05/2023 16:18

Doesn't sound very good have you forwarded them proof your manager received it? It's your manager at fault not you

coxesorangepippin · 17/05/2023 16:18

Forward the email you sent to your manager to HR

it's not your fault they're incompetent

cstaff · 17/05/2023 16:19

You have email proof that you sent your resignation 4 weeks prior to your leaving date. This a "them problem". You have done everything by the book and if you want to place the blame on anyone it should be your manager. I would not be staying any longer for their mess-up. Screw that!

greennotepad · 17/05/2023 16:20

What does your contract say about how you have to give notice? If it only specifies in writing, then just forward what you sent to your manager and reiterate the date you'll be leaving.

Not that it's your fault, but if your manager didn't confirm why are you only just chasing them now?

fajitaaa · 17/05/2023 16:20

ACAS says "Write to your manager or HR department unless you have been told to write to someone else." So unless your contract says otherwise you've done it properly.

greennotepad · 17/05/2023 16:21

Sorry- just seen that your manager did confirm. Then sod that for a game of soliders! Drop your manager in it and leave when you plan to!

wildfirewonder · 17/05/2023 16:22

Oh wow! HR are the pits. Hopefully someone useful will be along to advise.

The company can do whatever it chooses, why on earth do they want you to stay?

Original poster
Workdilemmma · 17/05/2023 16:22

I’ve forwarded them the email acceptance from my manager and I’ll be leaving no matter what, but I’m just annoyed at the possibility they might take my annual leave balance.

OP posts:
wildfirewonder · 17/05/2023 16:24

Workdilemmma · 17/05/2023 16:22

I’ve forwarded them the email acceptance from my manager and I’ll be leaving no matter what, but I’m just annoyed at the possibility they might take my annual leave balance.

You mean you wanted to be paid? You'll be paid anyway as an employee, won't you effectively have two jobs?

Or is this an internal transfer?

Idratherbepaddleboarding · 17/05/2023 16:27

Does it actually make a difference though? You’d be paid any annual leave accrued anyway so you’d end up with the same amount of money and then you’d start afresh with your new company.

Original poster
Workdilemmma · 17/05/2023 16:28

wildfirewonder · 17/05/2023 16:24

You mean you wanted to be paid? You'll be paid anyway as an employee, won't you effectively have two jobs?

Or is this an internal transfer?

Show quote history

What I mean is if I leave on Friday, and they consider my 4 notice weeks to be starting from today- they’ve said they’ll take my annual leave balance as compensation for me “leaving early” even though I have written notice 3 weeks ago.

I’ll be paid my normal wage yes, but I was due to receive my untaken annual leave paid on top and would lose this.

it’s not internal, no :)

OP posts:
Doggymummar · 17/05/2023 16:29

I think they will realise you did nothing wrong, it's them that's cocked up

EarringsandLipstick · 17/05/2023 16:30

You mean you wanted to be paid? You'll be paid anyway as an employee, won't you effectively have two jobs?

Or is this an internal transfer?

She'd be due pay in lieu of any holidays unused at the time of departure. If HR use her holiday leave in lieu of notice she won't get this.

Completely unfair for OP

Swingwhenyourewinning · 17/05/2023 16:32

Say you will give them the 4 weeks notice work Friday have your week of animal leave then be sick for 2 weeks

idiotfacelicker · 17/05/2023 16:33

Yes but she'll also receive salary for those 3 weeks so financially no different unless there are tax implications for being employed two places at once.

greennotepad · 17/05/2023 16:35

@idiotfacelicker But she should be getting salary for those 3 weeks (from new job) PLUS the owed holiday?

MiniCooperLover · 17/05/2023 16:37

No, they can't do that. You've sent them proof of resignation and acceptance. If they try to keep your holiday pay they'd be in breach I would think.

maddening · 17/05/2023 16:37

I would insinuate that you are taking legal advice and can they forward the legal basis that they believe that they are acting on and their rationale for this on consideration that the error here lies with the manager and you have written evidence that you have followed procedure and have acted in good faith.

I would also print copies of everything incase stuff "disappears"

idiotfacelicker · 17/05/2023 16:38

OPe original arrangement would mean salary at old job stops in a week but she would get 3 weeks annual leave instead

New arrangement would mean she doesn't get the pay for annual leave but would get those 3 weeks paid as an employee as her employment would continue for those 3 weeks.

Unless I'm being dim I can't see the financial difference. She gets paid for those 3 weeks either way. Only difference is whether she gets them in lieu of annual leave of as salary as an employee for an additional 3 weeks.

cstaff · 17/05/2023 16:38

Legally they cannot do that. If you have unpaid annual leave then they are obliged to pay that. Let them know that you know that you did nothing wrong and will be pursuing them if you AL is not paid. Cheeky fuckers.

idiotfacelicker · 17/05/2023 16:39

That said, I can't imagine it's right legally and I can understand OP wanting the dates tying up properly between leaving old job and starting new job.

Ilikewinter · 17/05/2023 16:40

Unless I'm being dim I can't see the financial difference. She gets paid for those 3 weeks either way. Only difference is whether she gets them in lieu of annual leave of as salary as an employee for an additional 3 weeks.

There will tax implications on having 2 jobs, even if it is only for a few weeks. I wouldnt accpet that OP, its your managers cock up.

Azealeasinbloom · 17/05/2023 16:40

What @maddening said.

Also if you are in a union, talk to them, or ACAS , or Citizens Advice.
Good luck and enjoy the new job !

idiotfacelicker · 17/05/2023 16:40

Ilikewinter · 17/05/2023 16:40

Unless I'm being dim I can't see the financial difference. She gets paid for those 3 weeks either way. Only difference is whether she gets them in lieu of annual leave of as salary as an employee for an additional 3 weeks.

There will tax implications on having 2 jobs, even if it is only for a few weeks. I wouldnt accpet that OP, its your managers cock up.

Well yes, that's exactly what I said in my original post.

Elvis1956 · 17/05/2023 16:41

Why can't people understand that the op is owed her wages plus payment for unpaid leave. If she has 4 weeks holiday and only taken 2 she has effectively worked 2 weeks for free . As her salary is based on being employed for 48 weeks per year