Minimum Notice

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Bonzo

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I have worked with a company for almost five years I informed my boss that I had been offered a better job and was able to give them two weeks notice. My boss indicating that he would withhold any monies due to me including payment in lieu of any outstanding annual leave accrued to date should I leave without working out the entire contractual notice period which is one month. Can he do this or does he have to pay me any outstanding annual leave due. Is it a case he would have to go to the EAT if he wanted compensation for the other two weeks notice I should give. The new job is too good to pass up. Advice please
 
Last edited:
Bonzo

As far as I know he cannot offset annual leave against notice not worked (organisation of working time act). Under minimum notice legislation he is only entitled to a weeks notice however legally he is entitled to the months notice if it is agreed in the contract - however in effect there is little he can do unless he is willing to go to the courts to enforce the contractual notice.

Maybe he has cooled down since you told him - I would suggest going back and talking to him rather than threatening - and point out that the market rate for a replacement is probably less than he is paying you so it will save him money...
 
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