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AIBU?

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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:
Hollyhocksarenotmessy · 17/05/2023 16:43

That would be an illegal deduction of wages as per The Employment Rights Act 1996.

TeenLifeMum · 17/05/2023 16:43

I would clarify “notice was given on x date and acknowledged and agreed by manager Dave smith. As such my last day for the organisation will be x and I would appreciate clarification on annual leave allowance owed. I appreciate there has been an administrative error but this would like to flag that this was not my error and I have provided the appropriate notice as set out in new contract. Many thanks, op”

TeenLifeMum · 17/05/2023 16:44

Remove the random word in that but you get the idea.

fajitaaa · 17/05/2023 16:45

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

I can! I'm not stupid

EarringsandLipstick · 17/05/2023 16:49

No idiotfacelicker (great handle!) you've misunderstood.

OP will leave on the set date regardless. She will not get any further pay.

In lieu of notice (according to HR) they'll use her holiday entitlement instead ie act as if she was taking leave instead of working her notice.

She will be down her holiday pay. That's the point & why OP's workplace are wrong.

EarringsandLipstick · 17/05/2023 16:50

I was about to shorten your handle to idiot but it looked wrong!

idiotfacelicker · 17/05/2023 16:52

EarringsandLipstick · 17/05/2023 16:49

No idiotfacelicker (great handle!) you've misunderstood.

OP will leave on the set date regardless. She will not get any further pay.

In lieu of notice (according to HR) they'll use her holiday entitlement instead ie act as if she was taking leave instead of working her notice.

She will be down her holiday pay. That's the point & why OP's workplace are wrong.

That makes no sense. OP said that they will count her notice from today and the 3 weeks taken as annual leave therefore she would be due salary from original employer until the end of her notice period as they see it (ie next 4 weeks, including the 3 weeks being taken as annual leave)

But this is a detail because the fact is she doesn't want this arrangement and she gave her notice so it's not really an argument worth having.

wildfirewonder · 17/05/2023 16:53

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

Oh I see, I misunderstood. I thought they would extend the end date, but op would be on leave.

What is actually being suggested is they will end her but retain her holiday.

EarringsandLipstick · 17/05/2023 16:54

What is actually being suggested is they will end her but retain her holiday.

Exactly.

@idiotfacelicker it's been explained clearly a number of times. You're not understanding it.

CoconutQueen · 17/05/2023 16:55

They can't do that to you OP. You have to fight this. Get what you deserve. You resigned in time and it was accepted by your manager. Their error not yours.

saltinesandcoffeecups · 17/05/2023 16:55

My advice is to set up a call with HR and your manager. During the call forward the reply from your manager acknowledging your resignation. If you don’t get the desired outcome then set up a new call with your manager’s manager and someone higher in HR.

andymary · 17/05/2023 16:56

Your resignation notice is from the date on your resignation letter, which should be the same day that you handed it in.
Not your problem whether it takes your manager 1 hour to inform HR, or 4 weeks to inform HR.

JudgeRudy · 17/05/2023 16:56

Well it seems an odd way of doing things but won't the end result be the same. Instead of getting paid your AL as a lump sum, you'll get paid to be technically employed, but on holiday...assuming you have accrued enough leave

EarringsandLipstick · 17/05/2023 16:57

andymary · 17/05/2023 16:56

Your resignation notice is from the date on your resignation letter, which should be the same day that you handed it in.
Not your problem whether it takes your manager 1 hour to inform HR, or 4 weeks to inform HR.

I mean absolutely that's what I'd argue.

But in some cases a contract will state resignation needs to be to HR. OP needs to make sure that's not the case.

Regardless she informed her manager who accepted it & agreed the date so that's the important part.

Marchitectmummy · 17/05/2023 16:58

Why would you loose it? From your companies point of view they are saying you are leaving in 4 weeks from now. You think you are leaving in say 3 weeks, with 1 week of AL paid to you following your 3 weeks. So both think you are being paid for 4 weeks?

EarringsandLipstick · 17/05/2023 16:58

JudgeRudy · 17/05/2023 16:56

Well it seems an odd way of doing things but won't the end result be the same. Instead of getting paid your AL as a lump sum, you'll get paid to be technically employed, but on holiday...assuming you have accrued enough leave

Read the several posts explaining this! Her holiday leave will be taken in lieu of her notice. She won't get paid. She won't get the holiday pay.

EarringsandLipstick · 17/05/2023 16:59

Marchitectmummy · 17/05/2023 16:58

Why would you loose it? From your companies point of view they are saying you are leaving in 4 weeks from now. You think you are leaving in say 3 weeks, with 1 week of AL paid to you following your 3 weeks. So both think you are being paid for 4 weeks?

Oh God! The company are saying they'll retain her holiday entitlement in lieu of her notice.

She will not get paid, under their plan.

GuinnessBird · 17/05/2023 17:01

Christ some people aren't very bright.

This isn't your problem OP, drop your manager in it.

Brefugee · 17/05/2023 17:02

TeenLifeMum · 17/05/2023 16:43

I would clarify “notice was given on x date and acknowledged and agreed by manager Dave smith. As such my last day for the organisation will be x and I would appreciate clarification on annual leave allowance owed. I appreciate there has been an administrative error but this would like to flag that this was not my error and I have provided the appropriate notice as set out in new contract. Many thanks, op”

I wouldn't be writing anything as kind and flowery as this.

I would give them a bullet point list of:

  • resignation letter given to mgr by ail on x date (see attachment)
  • resignation accepted and confirmed by mgr on y date (see attachment)
  • my last day of work will be z date - please confirm the offboarding procedure for handing back tech and other equipment
  • i have n days leave left untaken in this leave year, i will be using 3 and the rest will be paid with my final salary as compensation. Please confirm this by return

That is it. And as a bonus i wouldn't be going over the top for a handover, i'd give manager a bullet point summary of ongoing/open issues, cc to the HR and boss of boss

Join a union. They are SHIT HOT in scenarios like this.

Instinct1 · 17/05/2023 17:02

I think people are misunderstanding that the OP is due payment instead of remaining untaken holidays as well as payment of her salary until the end of her (correct, ie 4 weeks say since she notified her manager). So (specifics made up for ease) OP is due to finish at the end of May and receives her salary of 4 weeks payment for March. Imagine she has accrued 4 weeks holiday by the end of May which she has not taken. She will also be paid money instead of those holidays for 4 weeks worth. She will start her new job and also be being paid by them from June 1st. The HR department are saying as they didn't receive her notice at the start of May (as her manager didn't forward it) then she doesn't "finish" until mid May and so they are going to take 2 weeks of her outstanding holiday to cover that artificially extended notice period. So OP will only receive 6 weeks of money from her old company, not the 8 she is due.

AnObserverInThisDarkWorld · 17/05/2023 17:04

Forward the email from your manager, showing it was accepted

If they were saying they'd use your holiday up to cover the 3 weeks then they'd be paying you your holiday anyway as they'd be paying your holiday pay. But if they mean they'd take your holiday WITHOUT pay then they're stealing your wages anyway

Ffsmakeitstop · 17/05/2023 17:05

The misunderstanding of things in this thread is astonishing.
As pp op you are in the right and should show HR your communication from your manager accepting your notice.

Brefugee · 17/05/2023 17:05

i would also give HR precisely 24 hours to give you confirmation of your leaving date and your vacation compensation.
Then involve boss of boss and HR boss as pp said.

Original poster
Workdilemmma · 17/05/2023 17:07

Yes, sorry I think people are misunderstanding. Essentially HR are saying that if I leave on Friday, I’ll have jumped ship and they’ll be taken the annual leave accrued to cover the “loss” so essentially I won’t be paid for it.

OP posts:
OnlyFannys · 17/05/2023 17:09

Have you checked what your contract says regarding handing in notice I.e. does this need to go to HR or just manager?