The Student Room Group

Taking unpaid leave during notice period

Is this a legal way to escape paying your company indemnity ?
Original post by HucktheForde
Is this a legal way to escape paying your company indemnity ?


What is your company indemnity? You need the company to agree to giving you unpaid leave, so if the thing you are avoiding is to their detriment, then you won't get an agreement. You've no right to unpaid leave in order to avoid other obligations.
Original post by threeportdrift
What is your company indemnity? You need the company to agree to giving you unpaid leave, so if the thing you are avoiding is to their detriment, then you won't get an agreement. You've no right to unpaid leave in order to avoid other obligations.


2 months basics :bawling:

i will try to persuade the HR to cut my basic before i hand in my letter to soften the indemnity...
Original post by HucktheForde
2 months basics :bawling:

i will try to persuade the HR to cut my basic before i hand in my letter to soften the indemnity...


I don't understand what you mean by indemnity - do you mean notice period ie the time you have to continue working after the date you have told them you want to leave, or do you mean an amortisation of training costs, ie a period of time you must work for the company, to offset the investment they have made in training you?
Original post by threeportdrift
I don't understand what you mean by indemnity - do you mean notice period ie the time you have to continue working after the date you have told them you want to leave, or do you mean an amortisation of training costs, ie a period of time you must work for the company, to offset the investment they have made in training you?

If i want to leave the company immediately. without serving notice period, i have to pay back 2 months basic.
Why are you leaving?
Original post by HucktheForde
If i want to leave the company immediately. without serving notice period, i have to pay back 2 months basic.


If you have a clause in your contact (and even more if you don't have such a clause in your contract) that says that a) you are paid in advance and not in arrears and b) that in the event of leaving without working your notice you have to pay back 2 months basic pay - then take your contract/paperwork to the CAB. That's a very unusual clause to have, and if paid in arrears, isn't legal as far as I know.

However, taking unpaid leave isn't a viable solution.

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