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Employment Law Query Please?

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weeal | 20:02 Mon 08th Oct 2012 | Law
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Hi, wee quick question here hopefully.
I work full time, I have been offered a fantastic new job but don't have a month to get started, therein lies my problem.
I gave a month's notice but deducted my holiday leave, but had miscalculated by 4 days.
Director wont let me leave when I want to as I am 4 days short and of course he wants me to honour my contract and work my leave.
It says in our company procedures that 'if you are unable to take your leave we will pay you for it' and also 'you may be asked to take any annual leave within your notice period' it also states that if too many days are taken they will be deducted from final salary blah blah
Sorry - question is - if I just go leaving 4 days short can there be any serious repercussions I'd need to consider. I really dont want to lose the better job. I have never had a single day of sick leave and always been considerate in the years Ive worked there.
Oh and I'm in Scotland.
Thanks
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Have you tried to speak to your new employer and negotiating your start date?
Question Author
Hi Ecclescake, thanks for replying.
Yes, well he spoke to me and said he wasnt prepared to let me away earlier than 3 weeks notice and would pay me any remaining days (2)
I said that I had already had to give a start date to my new employer as it has taken 6 days from resignation to even get my current boss to reply to me.
I understand that it should be a month's notice and too short but he will now expect my replacement to do the same, start ASAP.
Its all a bit double-standards really.
Speak to your new employer and explain
As its only 4 days they should be understanding
Question Author
Hey Mccfluff, thanks i will do that and will dodge the bullets lol
I'm in the middle of two battles here, new boss unfair in wanting a quick start and old boss wrangling over 4 days when I'm never off normally.
If you are secure in the new job, id be tempted to say toyour old boss, sorry but... ( i would leave that as a last resort and only till the last week)
Question Author
Thank you. This is now the last week and that's what I will do, be honest about it and say I wont risk losing the new job, I will pay for the 4 days short notice and take it on the chin (chins !)
Regardless of where you are if you have made an agreement, which you are obliged to keep, explain to your new and existing employer your predicament, which most reasonable employers whom you may wish to be associated with will understand. After which you must make your decision but you will probably know the answer by then.
Question Author
Thank you Tonywiltshire, I wont let anyone put me in this position again thats a cert.

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