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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • SPM87
      Advice and insight please

      By SPM87 · Posted

      I posted a couple of years ago about our debt situation and have been trying to pay off our debt as best we can. It is a possibility I maybe made redundant in a few months time, so I am trying to find out everything I can about what happens in today’s world when you can’t pay. I keep finding conflicting advice on various sites so I wanted to post this quote to get thoughts. It claims basically that the dca will likely get enforceable documents these days and therefore it’s likely you will have to pay dca at some point during the 6 year process.    on here I read a lot of comments assuming the exact opposite of this. A lot of the threads on here state the beginning of the process but I never see conclusive stuff about what happened from start to finish to get insight into whether debts post 2015 have been enforced etc. I hear a lot here not to pay dca companies but most my debts are post 2015 debts I am all up to date on our debts but if I lose my job it is likely I’ll end up where I tried to avoid in the first place. Which is destroying our files and dealing with DCA. I’ll post it below so you can see what I mean.   It is likely that any debts incurred after 2007 will end up with all the documentation being provided and being enforceable. Therefore you should use the time while awaiting responses going through your Income & Expenditure and considering any possiblity of making a full and final settlement. It can take a number of months to reach the stage of a hearing date and exchange of witness statements and normally you would be able to settle or come to an arrangement to pay before the court hearing, once documents have been provided, although this isn’t guaranteed.
    • dx100uk
      Judge & Priestly

      By dx100uk · Posted

      depends who said sols state their client is. IDRWW vis~IDR(worldWide) are a debt collector regulated & registered in the UK & USA    they are not solicitors. they use various 'for hire' - here use our letterhead paper tiger solicitors. its just a case of who's stupid enough to join their folly. IDR law used to be their fav but they lost do much money, they broke ties after almost being struck off and now do Will/Probate disputes only. IDR Legal are their sols wing. moriarty law Judge and priestly Taheel - a foreign DCA that use absolutely any trick in the book to extort money even pretending to be any of the above inc being the bank themselves in phone calls.           
    • dx100uk
      ENBD/IDRWW/IDR Legal - letter of claim now statutory demand

      By dx100uk · Posted

      And? dx  
    • dx100uk
      UAE debt IDR - Letter Of Claim

      By dx100uk · Posted

      AND? dx  
    • dx100uk
      IDR Letter of claim for Dubai Debt ive been paying directly to the bank for years - why are they sending this?

      By dx100uk · Posted

      And? dx  

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Using my holiday as part of my notice period

Guest Alison82

By Guest Alison82
in Employment and minimum wage problems

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Guest Alison82

Guest Alison82

Posted
Posted

Hi CAG

 

I have an issue at work that I need help with. I handed in my one month's notice on friday, I have 3 weeks and 2 days holiday to take year to date. I wish to take these and leave on Friday. I already have next week booked as holiday.

 

I work within a concession within a store, prior to this notice the store was not happy with my performance therefore between the store and my employer they put me on a 8 week probation period. At the end of this I am to have what is called a store approval (without this you are not supposed to work in the store, maybe on a temporary basis but not on a permanent one).

 

Basically I want to leave on Friday...They have always wanted me out but now they are being difficult, and want me to propose an alternative time to leave. I don't see the point of working this week having next week off then coming back and starting my new job the following week, once I'm gone I want to ho for good.

 

I will contact my union tomorrow but just wanted to hear your opinions

 

 

Thanks in advance :)

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Emmzzi

Emmzzi

Posted
Posted

they have a total right to tell you when to take leave, so while they should honour next week, yes, you should return after if they want to pay you in lieu for holidays.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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king12345

king12345

Posted
Posted

Perfectly acceptable to use your holidays during notice period.

They may not like it, but the alternative is that they pay you holiday in lieu as suggested by Emmzzi.

However, as you have already booked a gateway, there's nothing they can do.

If they try not to pay your full month notice come back here to load your weapons 😂

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Emmzzi

Emmzzi

Posted
Posted

If they try not to pay your full month notice come back here to load your weapons 😂

 

What weapon is that then?? let's not pretend this is a full blown battle; OP wants to breach her contract; they'll agree or not; they'll invoice/charge for backfill or not; the holidays will get paid somehow.

 

Logic should prevail over rabble rousing....

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Guest Alison82

Guest Alison82

Posted
Posted

Hi many thanks for the replies, two completely different opinions.

 

I don't believe they have a right to tell me when to take my annual leave, the whole point of holidays are to take them when is right for you. Also I'm not in breach of my contract I am required to give one months notice which I have done. I have 3 weeks holiday left which I wish to take.

 

Just need to know where I stand (not looking for an argument, I just want to leave and start my new job asap).

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CrappoMan

CrappoMan

Posted
Posted

Your employer has the right to refuse any holiday request, using the catch all excuse 'needs of the business'. You cannot force your employer to let you use your outstanding holidays as your notice period.

 

You could ask them but they may want you to work your notice preiod, less the previously authorised holiday.

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Emmzzi

Emmzzi

Posted
Posted

https://www.citizensadvice.org.uk/work/time-off-work/holidays-and-holiday-pay/#h-can-you-choose-when-to-take-holiday

 

"an employer has the right to refuse your request to take holiday, as long as they give you the right notice at the right time and take account of certain agreements between you. Your employer can require you to take all or any of your holiday at a particular time, as long as they give you the right notice at the right time and take into account certain agreements between you."

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Guest Alison82

Guest Alison82

Posted
Posted

Ok, but what is the right notice and at the right time when I have 3 weeks and 3 days left in employment?

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SabreSheep

SabreSheep

Posted
Posted

As an ex Union offical, I can tell you Emmzzi has it spot on.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Emmzzi

Emmzzi

Posted
Posted
Ok, but what is the right notice and at the right time when I have 3 weeks and 3 days left in employment?

 

They can't cancel next week, that is too short notice.

 

They can just say "no" to anything else.

 

I'd get in the mindset of asking, not dictating.....might get you further

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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becky2585

becky2585

Posted
Posted

You need to give at least twice as much notice as the leave you want to take - so for three weeks leave, you are required to give six weeks notice. Your employer can therefore legitimately refuse the request on statutory grounds alone but they would probably also cite business need for the refusal. However, there's no harm in asking - all they can say is yes or no!

 

Even if they agreed this then you won't be able to start your new job next week. You're still employed until the end of your notice period, so it wouldn't be advisable to breach your contract by working elsewhere (if you need the references - if you don't then it probably doesn't matter as much...)

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king12345

king12345

Posted
Posted

The important points are:

1. The op wants out asap

2. The employer wants the op out asap but now that she's given notice, all of a sudden they need her there. Troublemaking imo.

3. The op has already booked a gateway so she will not be at work from next week in any case

4. The employer can surely start a breach of contract investigation, but would they?

 

Reading between the lines the employer seems to be a large organization with union presence and procedures in place.

This in my experience means that should the op use the holidays she's entitled to during her notice period, they won't do anything at all.

This is my own opinion based on my personal experience.

Start proceedings for breach of contract would cost a lot of time and effort in effect for nothing, after all the op will be gone before the first fact finding interview.

Would they not pay the holiday?

Again, assuming they are a larger organisation I would say that most likely they will to get rid of the op once and for all without having to waste resources arguing for a few pounds and the wish of a local manager to upset the op.

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Emmzzi

Emmzzi

Posted
Posted

The OP has a notice period for a reason; the employer needs time to organise cover. A week is rarely long enough to recruit new staff; barely time to out an advert out!

 

Are you equally suggesting employers should not honour notice periods and just say "tara! We don't need you" at the drop of a hat? It has to cut both ways.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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king12345

king12345

Posted
Posted
The OP has a notice period for a reason; the employer needs time to organise cover. A week is rarely long enough to recruit new staff; barely time to out an advert out!

 

Are you equally suggesting employers should not honour notice periods and just say "tara! We don't need you" at the drop of a hat? It has to cut both ways.

 

They can and do it all the time.

They call you in the office, they give you a month notice and if you have a month leave to take they say goodbye to you there and then.

Of course they pay your month holiday.

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obiter dictum

obiter dictum

Posted
Posted
They can and do it all the time.

They call you in the office, they give you a month notice and if you have a month leave to take they say goodbye to you there and then.

Of course they pay your month holiday.

 

What about consultation period, redeployment options etc.

You just cannot give a person notice like that. Even a disciplinary you have to follow the correct procedure and time lines

 

That is you have completed 24 months service

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king12345

king12345

Posted
Posted
What about consultation period, redeployment options etc.

You just cannot give a person notice like that. Even a disciplinary you have to follow the correct procedure and time lines

 

That is you have completed 24 months service

 

It was implied that the notice would be compliant with current regulations.

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Guest Alison82

Guest Alison82

Posted
Posted

Hi all

 

I spoke with my union and they said that my employer has the right to say no. Do I noticed that when I re read the email my boss has offered to pay me for 1 week cash ( which is good for me) so as a compromise I have offered to move my holiday so I work 2 weeks and have 2 weeks off.

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Guest Alison82

Guest Alison82

Posted
Posted
Why not do that at first instead of wasting our time?

 

Because I've been a member of this forum since 2006 and have contributed to various discussion and have donated my time and money to a cause that I believe in. Other people actually like to be helpful and hash things out. If we didn't do this then the movement regarding bank charges and ppi claims a few years back probably would never have happened.

 

Sorry are you Bankfooder or one of the others that founded this site....NO, if your time is so valuable don't post on my thread.

 

No need to reply...I'm sure your too busy.

 

(Note to self; don't argue with faceless people online)

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Guest Alison82

Guest Alison82

Posted
Posted
The important points are:

1. The op wants out asap

2. The employer wants the op out asap but now that she's given notice, all of a sudden they need her there. Troublemaking imo.

3. The op has already booked a gateway so she will not be at work from next week in any case

4. The employer can surely start a breach of contract investigation, but would they?

 

Reading between the lines the employer seems to be a large organization with union presence and procedures in place.

This in my experience means that should the op use the holidays she's entitled to during her notice period, they won't do anything at all.

This is my own opinion based on my personal experience.

Start proceedings for breach of contract would cost a lot of time and effort in effect for nothing, after all the op will be gone before the first fact finding interview.

Would they not pay the holiday?

Again, assuming they are a larger organisation I would say that most likely they will to get rid of the op once and for all without having to waste resources arguing for a few pounds and the wish of a local manager to upset the op.

 

Yes it seems they are doing this. But Emmzzi is correct and the legal team in my union said the same thing.

 

Since they are offering me a gesture I have too by offering to move my holiday.

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SabreSheep

SabreSheep

Posted
Posted
Why not do that at first instead of wasting our time?

 

I appreciate the sentiment here.

 

However as some union reps in some unions are voluntary they sometimes get it wrong. I do not see a problem with asking 2 different sources at the same time. Most people here have a disclaimer in their signature saying that if in any doubt member should seek legal advice etc etc

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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