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Resigning from my company

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  • Resigning from my company




    Hi

    I need your help please.

    My situation is this:

    I have been with employer (leading University in the UK) for 9 years. Myself and my manager have fallen out and her manager supports her. There have been greivance process (investigated by an independent manager) also and my manager has been put on a training program as a result. The fallout is quite serious!

    I have decided to leave my employer and currently in the process of applying for a new job but no guarantee that I will get this but need to be prepared incase I get an offer. My new employer is a contract (not permanent) and is actually our software suppliers!

    I have 37 days annual leave and I haven't taken them and my notice period is 4 months. So if I hand in my notice period on the 1st October then my contract is still in effect until 1 January 2021.

    Incase I get a job offer with my new employer they will be wanting me to start asap. I will know this by end of this week.

    This is what I have planned in my mind - assuming I get the job:

    - Tell my new employer I will be able to start from 1st November.
    - Tell my current employer that I am handing my resingation on the 1st October.
    - Use my annual leave between 1st October and 1st January 2021 - 37 days - only work for 2-3 weeks in October within my notice period. I will book this after or on the 1st October
    - Incase I get an offer by end of this week with my new employer - I don't want to hand in my notice early as I want to be able to make use of the Christmas break - paid time off between 24th Dec - 1st Jan. Additionally, the risk of me wanting to hand in my notice early is they would have use every chance to make sure I don't get my Christmas pay off as three months falls before the Christmas break! (the relationship is that poor right now).

    I just want to know whether this approach is possible? I know this is not really the best way of leaving the company but with all the issues I really don't care what happens to them / neither I am looking to get their support with my immediate managers (or her manager) for exit and want any type of contact with them.

    Thank you.
    Tags: None

  • #2
    You need to consider the following:

    1. Do you have 37 days accrued holiday from the start of whenever your holiday year commences up to what would be the end of your notice period?

    2. Do you have a clause in your contract that allows for holiday to be taken during any notice period?

    3. Are you allowed under the terms of your contract to work for another company whilst still working for your current employer regardless of whether you are on your notice, since you are still employed by your current employer until the end of your notice period.

    4. Have you thought of the tax implications, as the new job will be classed as a second job and you may be taxed quite highly at least in the short term.

    5. Whilst on holiday/notice period you are still technically employed by the company and they would have the right to ask you to come in if necessary.

    Have you considered trying to negotiate an early release date which would mean that any accrued but untaken holiday would be paid on termination?
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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