UK Employment Law

UK Employment Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Employment Law

An employee who joined the company in 7 April 2015 resigned

Customer Question
from his position on 30th...
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: 2 years ago.Category: UK Employment Law
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 3 minutes by:
7/23/2015
Solicitor: Jenny McKenzie,
 replied 2 years ago
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,406
Experience: 10 Years of experience in Employment Law and HR
Verified
Hello my name is ***** ***** I am happy to help you today. Are you saying that this employee has received his final salary from you?
Ask Your Own UK Employment Law Question
Customer reply replied 2 years 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.

Solicitor: Jenny McKenzie,
 replied 2 years 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.
Ask Your Own UK Employment Law Question
Solicitor: Jenny McKenzie,
 replied 2 years ago
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Ask Jenny McKenzie Your Own Question
Jenny McKenzie
Jenny McKenzie
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,406
6,406 Satisfied Customers
Experience: 10 Years of experience in Employment Law and HR

Jenny McKenzie is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,005 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

6,406 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

23 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
Based.. can you still help? Or have Uk branch? Manager and
I'm UK based.. can you still help? Or have Uk branch? … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
Another person has been hired by my company for my role with
Another person has been hired by my company for my role with exactly the same job title, without me being informed. What rights do I have?… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
My wife has worked in a pharmacy for 10 years. She has been
Hi. My wife has worked in a pharmacy for 10 years. She has been banking the takings for a considerable length of time. Apparently there has been questionable errors made over an undisclosed period. My… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
At my new work place someone was told not to come in
at my new work place someone was told not to come in anymore, they wasn't given a real reason, my employer and he's wife change their mind on a daily basis and they have had new staff on a weekly basi… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
The current system I support is being taken out of service
the current system I support is being taken out of service can my employer move me to another role even if I don't want to do this role? 23 years in the same role … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
My company is going through a redundancy process and has had
My company is going through a redundancy process and has had the senior supervisors carry out Selection Criteria Forms on all employees. One of the sections in this is “Qualifications-Fit of qualifica… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I have worked for 3,5 years for Holland & Barrett and have
I have worked for 3,5 years for Holland & Barrett and have been transferred to different stores and changed my working hours on many occasions without any notice or my consent. Thy forced me to work m… read more
Jenny McKenzie
Jenny McKenzie
6,406 satisfied customers
Ben. I have a strong feeling I will be made redundant due to
Hi Ben. I have a strong feeling I will be made redundant due to our company's acquisition. My question is, can I be made redundant once having handed in my notice (3 mths), and outside of doing someth… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
If a Deputy Headteacher was told by the Headteacher to
if a Deputy Headteacher was told by the Headteacher to Quality assure the school Single Central Record and they say they have and it later emerges they have. It and the register is inadequate.........… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
My daughter has been working for a local factory in the
Hi, my daughter has been working for a local factory in the sample department since June 2017. (I work in the same factory) This has been on 2 temp contracts of 3 months each. She is 20, has depressio… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I wish to write a formal complaint about not only a local
i wish to write a formal complaint about not only a local council employee who's title is and was at time of first meeting (assessment interview) unprofessional discourteous dismissive inappropriate u… read more
Nick H
Nick H
LLB
123 satisfied customers
I am intending to resign from a sales position and have an
Hello, I am intending to resign from a sales position and have an amount of commission payments in various states - overdue, pending approval, in dispute, due to be eligible from bookings within my no… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I want to talk with an employment lawyer regarding to an
Second opinion] Hi I want to talk with an employment lawyer regarding to an unfair dismissal. … read more
frantzgregory
frantzgregory
670 satisfied customers
My husband was working as a salaried person and was asked if
My husband was working as a salaried person and was asked if he wanted to become a partner when one of the two existing partners retired. The retiring partner retired on June 30th 2007 and my husband … read more
Julie Kingham
Julie Kingham
Director
Chartered Tax Adviser
733 satisfied customers
I want to talk with an employment lawyer regarding to an
Hi I want to talk with an employment lawyer regarding to an unfair dismissal. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
Employment lawyer knowledgeable in mental health act. Would
A question for an employment lawyer knowledgeable in mental health act. Would rather discuss this over phone. I have been assigned a project that made me very ill at my work. I was off two months. I a… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
In November at my 3-month probation review meeting my
In November at my 3-month probation review meeting my employer informed me they were extending my probation period to January 12th. In the official letter it said that my manager would be holding regu… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers
I have been put on gardening leave today but was already
I have been put on gardening leave today but was already supposed to be on annual leave from today until 22/12. Can they do that? And do I have to cancel my travel and accommodation plans in order to … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,005 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x