Is HR trying to guilt trip me?

[Huhn]

I work for a large NYSE listed company, in London. I have been there just under 2 years and resigned due to not feeling any other option - I made this clear. I was spoken to in a discriminatory way due to my background and because of this person's view of me, it prevented me getting any work. I didn't have any work to do for 6 months.

My notice period is 3 months. I got a call from our department HR who said that she believes the company is sexist/racist (off the record) and she is so upset what happened to me (which was all proven). She then said that to give me a break, seeing as I have no work anyway, they will pay my three months notice but I can leave. I agreed a leaving date (this coming Friday).

I then started receiving the corporate HR emails about holiday pay. We get 25 extra days per year as is common in my industry. We can also carry over holiday. I carried 2 days AL from 2020 which policy states you have to use by March. I didn't, but it shows in my Booking System that I can still use these days and it is known / spoken across the department that they won't penalise you for not taking them especially due to COVID.

I first got an email saying I will be paid 10 days annual leave, that is 8 days until I leave (as in this Friday, rather than when my notice ends in July) plus 2 days carried over. (this is technically wrong as I took 1 day rollover already in April for AL)

I explained that I agreed to go early as I was told I wouldn't be penalised and therefore should still accrue AL until July. This was agreed and I was then told I would have 14 days AL.

I did a calculator which says I should have 13.22 days, this can only be rounded up. Plus the 2 days I rolled over, minus 1 day I did take, means I should be paid 14.22 or 14.5 days.

The woman then called me and said she didn't want it in writing, but they were already paying me extra by giving me the rollover days when I am not actually meant to have them, so they have rounded down the 13.22 days to 13.

I said that this isn't fair as if I wasn't leaving, I would still be allowed to take my roll over days. She said I had put her in an uncomfortable position and she will give me the 14.5 days but that she is doing me a huge favour.

Now, was she doing me a big favour? Or am I just in the right?

I personally feel they're lucky I didn't take my case further.

Sorry about this. But except you have in writing that the company policy around holiday roll over has changed then you don't really have a case. Yes, based on the company's discretion and due to Covid certain policies may have been ignored. However when it comes to notice or redundancy it need be based on policy and as at 2021 these are your formally entitled holidays and that's what they legally need to pay you.

Plus, if there has been no work for 6 months (although not your fault) can assume you were on holiday.

Just take it and find a job and team that will make you happy and fulfilled

@dchange thanks. luckily they can't assume I was on holiday as I still did non-billable work and have a time entry system. I just had no work that could ever be used for promotion, they agreed this was due to discimination.

The women in HR is not your friend and I would NOT trust her.

You sound like you want to go anyway so i would be looking to agree a settlement.

Get an employment lawyer NOW.
I'd be looking for a proper settlement (you can expect anything from 5 months to 18 months depending and a lot is tax free)
Find and save any/all incriminating evidence and emails.

I left my last job and 3 months off due to garden leave - I got a new job and a big pay rise so resigned. Considering your treatment what you are being offered sounds like a shitty deal.

@Huhn got you. But the issue here is we are talking about holiday roll over. Won't be surprised if they have a document that states if you don't use holiday your lose it. I am struggling to see how you can make them pay legally.

Not sure it's worth getting an employment lawyer as suggested.

She how much you can push, but except you have a legal document approving the roll over of holiday into the new year it will be a hard one to fight legally.

I just had no work that could ever be used for promotion, they agreed this was due to discimination.

Did they agree this in writing in any way? Discrimination on what grounds?

You may have a bigger case here but you'll need to act quickly. Potentially you are being rushed out to door to prevent this.

@Hollyhocksarenotmessy someone said I didn’t fit in due to my background (not privately educated) and then confused me with a different brown girl and gave me her feedback which was negative and so I was peoples last choice of staff on projects.

This was later investigated and found to be true. They specifically said they didn’t want it in writing but I had already said to leave and said the experience was why,

I’m happy to go quick with some money. I just want what I am entitled to!

If I understand your post, you're getting what you are entitled to and what was verbally promised by HR. You are correct that the woman isn't doing you a favour, she's just sticking to what she agreed with you. But this isn't the issue about your employment there to focus on. Let it go. I think you're probably putting too much on this to try and distract yourself from the real issue that you may feel more powerless about?

I have read twice and cannot see anything that the company could be doing wrong in terms of your payout. I wouldn’t use the expression “big favour” but you do appear to be being paid out more than you would contractually be entitled to. If I were you, I would leave feeling satisfied that you have negotiated better.

You should have taken legal advice. It would probably been better to have stayed until you were there for the two years.

Then you would have had many more options by negotiating a compromised agreement. Any decent solicitor would have got you 6 months pay plus your notice and your outstanding leave.

You wouldn’t be arguing about a couple of days leave as you are now.

Have you actually handed in your notice in writing / by email ? Has this all been done on the phone ? When is the anniversary of your start date ( when you will have been there for 2 years ) ?

At least phone the ACAS helpline which is free.

@JackieWeaverFever How do you know she can expect anything from 5 months to 18 months? I'm in a relevant industry to this case, but I wouldn't advise someone to expect that...

BTW I suspect they want to pay you in lieu of notice because then you will be leaving before the 24 months date. Rather than putting you on gardening leave during your 3 months notice ( assuming that’s in your contract ) .

That’s why you have different views about your holiday entitlement.

Have you had a protected conversation with them?

They could have made you work your notice so does one day of leavereally matter so much? With you kicking up such a fuss I'm surprised they didn't just make you work the notice. It sounds like the hr person is decent so I'm not sure why she is being criticised here.

I also don't know why others are telling you to get a lawyer. Unless you've gone through the internal grievance process I don't see you getting anywhere with your complaints. And it seems like they did investigate and fix your main issue

@user1471457751 I would happily have worked my notice. I planned to and was told not to Sue to “what I’ve been through”.

Yes they investigated it and I was racially discriminated - but they didn’t do anything except offer me to leave now.