Notice and payment

[altafica]

Good Morning

I am hoping you can give me some advice. I have given my notice on my current job and am due to start my new employment on 1/7. I have now been told that I have 7 days of my annual leave remaining plus some hrs owed, and therefore they are happy for me to take this meaning I can leave on 20/6 but be classed as on leave until 1/7. they have said that i legally will not be able to take up my new position any earlier as i am still in contract with them.

I am also commission based and have been told that commission will only be paid up until 20/6. Is this correct? I usually get paid commission for the month on the last but one day of the month as a cut off point.

I was hoping to be able to start my new employment before the date. I'm am very confused and want to make sure I am receiving to correct amount at the end of my month. They are being quite difficult.

When I took the job they offered me a car allowance, i asked if a lease car would be supplied, they agreed to this and paid a deposit and signed for 3yrs, this was 14mths ago, and I have been told they will expect me to contribute to these payment untill the lease ends.

any help would be appreciated.

[doomsponge]

How does your commission work when you normally take annual leave? As it should work exactly the same for your notice period, as effectively your on annual leave.

 

I cant help with the rest tho.

[Sidewinder]

You also need to read carefully the document that you signed for the lease vehicle, and your contract insofar as it relates to commission.

 

I agree that you should be looking at what normally happens regarding commission earnings whilst on annual leave. Whilst there is recent case law which supports the position that commission earnings must be paid during holiday, this is only relevant for the 4 weeks statutory holiday under EEU law, not for the 5.6 weeks allowed by UK law, so the terms of your contract would be most relevant in that respect.

 

As far as starting earlier goes, then yes, you are still under contract until your leaving date, but 1. Does the contract that you have specify that you are solely employed by this employer, and even if so, 2. What are they going to do about it if you are not returning after your holiday anyway?

[Sidewinder]

....just thinking about the lease agreement, I am not at all sure that you could be held responsible for payments whilst not having enjoyment of the vehicle and which presumably your successor will inherit?

 

Or is it a direct agreement with the lease company and you will be keeping the car and now pay the entire lease amount yourself where previously the employer contributed?

[SabreSheep]

Regarding the working for someone else

 

As said above, unless there is an exclusivity clause, I cannot see them being able to do anything about it if you decided to start work for your new employer whilst on "Leave"

 

What this may amount to is a "Breach of Contract" of which the current employer would be able to sue for damages equating to Losses arising out of the breach.

 

Problem is

 

If you were on Leave anyway

 

What actual losses would there be......