leaving my employer

[crh]

hey guys


Finally decided to abandon ship from my current employer and am off to pasture's new.

At the moment i'm trying to get a leaving date from my empolyer from handing my notice it should be on the 8th of august. But as i'm owed 5 days worth of overtime and 3 days holiday my boss is telling me that they wont pay me that time but will release me from my contract 8 working days early. i think this is because i'm projected to finish a project around that time

I'd actually prefer to be paid the cash. Can they insist on me going 8 days earlier and use overtime and holiday to do that?

[Sidewinder]

Firstly good luck in your new job!

Secondly though I think you may have trouble calling the shots with this one,although in part it will depend on what arrangement (contractual or otherwise) exists regarding payment of overtime. Your employer is certainly entitled to dictate when holiday is taken, and can insist on this being worked or not as the case may be, even in a period of notice. For overtime however, you may find the answer in your contract. If it says for example that 'overtime where agreed neccessary will be paid at [rate]', then you have a case to argue that since payment was agreed with time in lieu not stated as an alternative, then payment should be forthcoming. If however the contract states 'overtime where agreed neccessary will be paid at [rate], or time in lieu given at the discretion of the employer', then you could have a problem, and even more so if there exists no written guideline relating to payment of overtime.

Might you be able to negotiate an earlier start date with your new employer to get around the problem of 8 days without earning?