Thursday, April 26, 2007

Moments of paranoia and presumption

I've become used to questioning the motives of my employer with increasing diligence, some might say suspicion. I received notice yesterday that I can leave employment tomorrow, but couched in these terms: "Your last day of working ... will be 27th April 2007... your last day of employment will be 10 May". At first glance you might think (since the letter discusses this) that my employer is kindly calculating the holiday owed to me. Given that the company is probably aware of its precarious legal situation -- potential constructive dismissal and breach of the disability discrimination act -- I'm a little more circumspect. If I'm employed until May 10, how do I start a new job on Monday?
But my employer is presumptive and underestimates me, despite me telling them that they shouldn't.
Since my new job is a contract through an agency, I can still start Monday but my contract can start May 10. I still meet the end client's needs, but don't get paid for a couple of weeks. The agency doesn't care.
But I don't even need to do this. Check out the contract I signed. It doesn't say I can't work for anyone else, just that I can't engage in "business where there is or there is likely to be any conflict with the interests of [the company]".
And there's more.
"In the even of the termination of your employment you will be paid for any holiday that has not been taken on a pro rata basis." I take this to mean that I'm paid the holiday that's owed to me, without being employed any longer. So I'm owed money up to May 10 without being employed. Either way, I'm not in breach of contract for working elsewhere over this period (unless this was for a competitor to my current employer).
There's still more.
The company "undertakes to provide a comfortable, safe and creative environment to work in". Which they didn't. Isn't that breach of contract on their part?
Anyway, as I said, Friday is my last day, so you shouldn't have to put up with me harping on about work. I realise that I may have alienated my small readership, so I'll get back to talking about PDAs and politics again soon.

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