Work pay woes, difficult director.

[AngelGrinder]

OK, long story short, I've been working with my current company approximately 5 years, company was bought out by a new guy 2 years ago, and has slowly been ruining the place. Finally made my decision just after Christmas that I was getting out and going self employed. Told my boss early January that I was going to leave in a few months, so he has time to replace me, and I'll happily come and do work as a freelancer in future. Basically, being as nice as possible to him without leaving him in the shit. He asked if I could make a gentleman's agreement with him to stay to atleast the end of March as he had Alot of work to do.
Due to training that I've been doing, I was slightly behind schedule, and wouldn't mind staying a few extra weeks for safety.

Boss came back from a trip last week, and pretty much told me there's no work and he wants me to leave before the end of March. I know I have 1 months notice period, but he wants me out and I want out so was doing my best to get everything sorted. All last week they kept asking for my written notice, but I held off as I wanted to make sure I was safe, and they didn't try anything funny.

Fast forward to today, and surprise surprise, they're trying to be funny. I've gone over accrued holiday, so they want to deduct that from my final salary, that is fine. Then...they've gone over sick days from the start of the year, and want to deduct them as well. It has always been sick days paid for, and my contract also states this, but does also mention statutory sick pay in special circumstances.

My question is, can they actually back date sick days like that, I'm on a monthly salary, surely they have to do it month by month, and deduct it from each month if they want to go down that route?

I still want to get out, as they're just proving to me all the reasons I wanted to leave, but I can't leave with no work to go to, when they only want to give me a £500 final payment.

I'm going to phone to director tomorrow as he's out of the country, and say to him if he wants me to leave on the agreed date, to pay my salary minus holiday pay, and then I'll give him my notice. If not, then I'll be a model useless employee and let him fight to make me redundant.

Any advice, or thoughts from you guys?
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Currently Riding - 2002 Aprilia RSV1000 Mille

[Kidjal]

For an employer like that, do you want to argue the case and drag the process out?

I don't think it is correct, but I would want to cut all ties and GTFO personally.
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Still going strong - Triumph Street Triple '08

[AngelGrinder]

[Kidjal]

[Ichy]

Is sick pay a documented part of your contract or written into the company handbook?
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https://www.metacafe.com/watch/1972097/how_to_behave_on_a_forum/

[AngelGrinder]

Here's what it says in my contract and handbook.
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Currently Riding - 2002 Aprilia RSV1000 Mille

[Rogerborg]

[Minty]

[Andy_Pagin]

[Pete.]

[AngelGrinder]

[CaNsA]

[Raffles]

[janner_10]

(Too much drama for work).

Search for better job > Resign > Start new Job > ???
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Yamaha FZS600 (Now gone to heaven) > CBR600F4i (SOLD) > '99 YZF-R1

[AngelGrinder]

[iooi]

I'm confused.....

The company is going down the pan and you want out.

Yet you are moaning on about setting up a gentleman's agreement.

WTF did you tell him you are leaving in a few months, but not hand your notice at that point.

Sounds to me like you were hoping he would beg you not too and give you more money.

Just hand in your notice and leave.... Fact is you shot yourself in the foot telling him you were going to leave. Now they have realised that you have been taking the piss with all the time off sick So are going to take back the extra they paid you as a good will gesture over and above SSP....

[angryjonny]

It reads to me like the "sick pay" is from you pulling sickies, rather than being genuinely ill. And that's from *your* side of the story. I'd be intrigued to read your boss's side.

Anyhoo, the moral high ground is gone. If you come to some agreement good for you, but if you've even been getting statutory to sit on your arse watching Judge Rinder then you've done well. You can't blame your boss for trying to claw back what he didn't contractually have to give you.

[Pete.]

FWIW the sudden change of tone from the boss might be because he sees the end looming and is keen to off-load some of his financial burden of redundancy money.

Of course it might just be that he's found someone to fill your spot.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[AngelGrinder]

OK, so a bit more info. We're a live events company, setting up shows etc all over the place. Slowly everyone's been leaving, and I am the last technician in the company, so basically when I'm gone, they will have to hire in freelancers from abroad to do the work.

This is why I told him a few months back, so he had time to bring someone in or make a back up plan, as the sales team are fairly reliant on my knowledge just to be able to make a sales and send out correct quotations etc. I 100% didn't tell him to try and force him to offer a pay rise etc, I've personally just paid out 2k on retraining for a back up plan.

The total days sick since January is 9, 5 of them I was definitely sick, the other 4 are more...had other things I needed to do that couldn't book holiday for (RE-tests, accountant meetings to sort out future accounting etc.

I'm more upset with him asking me last week if I can leave without working my full notice so he doesn't have to pay me anything next month, I didn't really want to, as need another few weeks to really get everything sorted, but was frantically getting it all lined up. For him to then throw this at me, after the amount of things I've done in the past for him, and like a mug have let him get away with, for example, in November he needed me to build a new prototype, I spent 7 days straight 12 hours a day in the warehouse in Italy, came back to the office the next day, and was told he wasn't going to pay any expenses or overtime as it wasn't a paying job.

I've been on many rigs were I've worked 24+ hour shifts, love worked 6 weeks straight with no days off, saved his arse so many times when the shit hits the fan, I've finally just reached the end of my tether.

I'm definitely on my way out, but I just want him to understand!
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Currently Riding - 2002 Aprilia RSV1000 Mille

[BTTD]

Read the opening post.
New director is a cunty boss fucking over decent staff.
OP bent over to, you know, makes things as easy as possible.
OP is now surprised that he's getting it in the arse, and not liking it.

A harsh but concise summary?
Best of luck, but I think it may be a case of lesson learned and move on.

[Ariel Badger]

A notice period is a two way thing, you give them your notice period and work it out, they give your notice period and you work it out. Do not negotiate your rights away, you first mistake was telling them your intention to leave before you gave notice.
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Bikers make great organ donors, get 115 on your licence today.

[Bozzy]

Hand in the minimum notice required to fill in your contractual requirements and move on. Arguing over a bit of sick/holiday pay isn't worth prolonging the agony for.

Good luck with your new business venture.

[iooi]

[Silver_Fox]

Are you leaving to do the HGV self employed thing?
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CBR600 F3 FV
CG125

[Matt B]