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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6305
Experience:  10 Years of experience in Employment Law and HR
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An employee who joined the company in 7 April 2015 resigned

Customer Question

An employee who joined the company in 7 April 2015 resigned from his position on 30th June 2015. His contract states 4 weeks notice taking him to 24th July (tomorrow). We asked him to reconsider prior to him going on holiday on the 1st July - 17th July (13 days) however on his return he advised he wished for his resignation to stand. The issue I have today is since his return to work on 20th July his manager (who is on holiday this week but has been in correspondence with him) asked if he would remain with us until 31st July. The individual has been paid to the 31st July and has also at this point taken too many days holiday entitlement against is accrual.
5 days over paid if he goes tomorrow (24th July) = Gross £653.85
6.5 days holiday due back to the company (entitled to 7.5 days (25/12 x 3.5 months worked = 7.5 days less 14 days taken to-date = -6.5 days) = Gross £850
We has asked him to remain with the business until 31st and we was prepared to waive the holiday overtaken however the individual now wishes to return his company vehicle to one of our depots tomorrow so that he can join his new company. I know we cant stop this individual finishing tomorrow but are we doing anything wrong by asking him to stay the extra week in order to part on better terms. He has agreed to start with his new company on Monday 27th July and whilst he has been on holiday the new employer has apparently booked him on to a training course in Denmark and this is why he wishes to finish tomorrow ? I feel slightly annoyed by this individuals actions as he has been out of the business on holiday for 13 days of July yet feels we are being unreasonable asking him to stay until 31st July. As we have paid him and his manager wishes to conduct a handover on Monday 27th August and has been out this week (20 - 24th July)on holiday himself I want to reply to the individual in writing today as he is no longer picking up calls but just want to be careful in what I say but in your opinion does the above request seem unreasonable and unfair.
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Are you saying that this employee has received his final salary from you?
Customer: replied 1 year ago.

In effect yes as we pay on the 15th of each month for 1st - end of that month. So on the 15th July he would of been paid a full months salary however he had agreed to work until the end of the month for us.

Expert:  Jenny McKenzie replied 1 year ago.
Ok there is nothing wrong in you asking him to remain, you cannot force him to stay though if he refuses to do so. You can ask him to repay the 'overpayment' you have made to him. If he does not you will be able to recover this loss via the county court. I would hope however that he would be reasonable and repay you. If you have any further questions about this please do ask. If I have answered your question I would be grateful if you woudl take the time to rate my answer. Thank you and all the best.
Expert:  Jenny McKenzie replied 1 year ago.
Hello is there anything further you would like to know about this as I can see you have not yet rated my answer?

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