AIBU to take annual leave that's owed in my notice period

(20 Posts)
julieann42 Mon 28-Jul-14 23:08:37

I know I should check my contract...but that seems to have grown legs..I want to hand my notice in on wed. I have leave already booked for 2 weeks time, my manager will say I can't take annual leave in my notice period..she tells everyone they must work their notice! Is this true? I have tried looking around but can to find a definitive answer? Can you help.

HopefulMum111 Mon 28-Jul-14 23:15:42

Hello

If you have been authorised leave, then you can take it. However, if you are taking more leave than you have accrued - say you get two days' leave per month and are only one month into your leave year, but take three days' holiday - you will have whatever you are over taken from your final salary.

julieann42 Mon 28-Jul-14 23:17:08

My leave was authorised months ago...where does it say this for certain as she just says what she just seems to make things up as she goes along?

HaroldLloyd Mon 28-Jul-14 23:19:03

Sure hopeful is right, but if you think they will try anything ring ACAS before you resign, they are great.

Shenanagins Mon 28-Jul-14 23:19:21

Technically you are working your notice as you are still an employee until the end of the notice period, it just so happens you have pre-agreed annual leave.

LiegeAndLief Mon 28-Jul-14 23:21:21

I think my contract says that you can be forced to work your notice period and be paid for outstanding holiday. I think you need to check your contract - are you close enough to anyone on a similar level at work to ask to check theirs? I expect they will all be pretty much the same.

jacks365 Mon 28-Jul-14 23:26:52

Double check with acas but it is now too close to your leave for your employer to cancel it for any reason.

HopefulMum111 Mon 28-Jul-14 23:44:44

For your employer to cancel your leave, they need to give you the same amount of notice as your leave is long. So if you give four weeks' notice on Wednesday, there isn't a clear fortnight for a further two weeks' annual leave to be cancelled. Obviously, if you have to give longer notice and your holiday is further away, it could be cancelled. The Working Time Regulation 1998 will give you more information.

Princessgenie Tue 29-Jul-14 07:14:04

How long is the leave for? Yes. You do need to 'work' your notice but being on agreed leave is 'working
In the sense that it does not affect your leave date and you employed during this period.

limon Tue 29-Jul-14 07:19:02

Actually your employer can dictate when you take your leave as long as you get to take your entitlement. Your employer can cancel leave if they wish. If they prevent you from taking your leave before you finish then they must pay you for it. None of this is necessarily going to be detailed in your employment contract.

jacks365 Tue 29-Jul-14 08:01:42

Can I just ask how many days leave have you booked and what date does it start?

londonrach Tue 29-Jul-14 08:05:38

Talk to employer but think leave booked has to be honoured unless it's a long time ahead. I think employer has to give x amount of time to cancel leave. If however you taking more leave than you are entitled to you have to pay for it. Likewise if leave is owned to you the employer pays you for it. Look in your contract and talk to hr.

julieann42 Tue 29-Jul-14 14:58:14

Jackass...leave is for one week..2 weeks into notice period

Twitterqueen Tue 29-Jul-14 15:07:18

Have you earned your leave? if so, it's normal to take it during your notice period. Though normally if you've accrued 10 days leave and you're on one month's notice you would deduct the 10 days from the end of the month, working backwards...

You wouldn't normally give in your notice, go on holiday for a week and then come back and work out your notice.

But I don't know what the legal position is. I suspect they can make you work it but they are legally obliged to either let you have the leave when they say, or pay you for it.

MimiSunshine Tue 29-Jul-14 15:37:23

Our HR told us we can’t force people to work their notice. We weren’t BTW but they got the leave date wrong and took our query the wrong way.

I have had an employee give notice in the past and then immediately go on pre-approved holiday and it never occurred to me that this was a problem. They had already provided holiday handover so them being away while we go the HR leaving process started made no difference and their leave date stood, they didn’t start notice when they got back.

In fact i have just been told by someone in another department that they are leaving in a month (just handed their notice in) but have a 2 week holiday before then so I’d say it’s fairly common. Don’t most people opt to take their outstanding holiday in their notice? Just because your boss tells people they can’t take leave, doesn’t mean she can force it necessarily by law, if i were you i would write a letter saying:

Dear ‘boss’

Please accept this letter as notice of my resignation. As per my one month notice period my last day will be 27.08.14 (if its 4 weeks) / 29.08.14 (if its 1 calendar month (30.08 is a Saturday)).

Thank you for the opportunity and support throughout my time at ‘company name’.

Kind regards

julieann42

Then make sure you send a copy to HR as well at the same time (or email it if you like).

whatsthatcomingoverthehill Tue 29-Jul-14 15:44:09

This makes it clear than you can take holiday during your notice period, and to my mind implies that it would be normal to do so (to use up any leave you were entitled to).

Employers can cancel leave if they want to, for 'business reasons'. A good employer would recompense the employee for costs of the holiday etc, but they may not be legally bound to. You could always go on holiday, but then they might sack you. But they'd still have to pay what you had worked and any leave accrued. You could then sue them for unfair dismissal. All a bit over the top really.

If they want to be an arse about it they could be, and even if they were wrong you'd have to take them court.

jacks365 Tue 29-Jul-14 15:49:51

Statutory rights means that yes your employers can cancel agreed leave as long as they give written notification of no less than the period of leave so if you are having a week off they only need to give a weeks notice to cancel so yes if you hand your notice in on Wednesday they can cancel your leave. That is the statutory it is possible that your own contract gives you more rights but I wouldn't count on it.

tobysmum77 Tue 29-Jul-14 18:31:06

just don't give notice. The reality is there is feck all they can do other than stop your pay and terminate the contract. Well unless you are in the army and in which case they can arrest you.

Appletini Wed 30-Jul-14 07:02:09

Not smart if OP wants a reference, tobysmum77

julieann42 Wed 30-Jul-14 15:23:51

Thanks all for your comments..my references are done and my DBS..I wouldn't just walkout..that's not me but I will strongly argue my case. I need my holiday and if work could manage with me if I wasn't working my notice I'm sure that can manage just the same if I'm working my notice. I've had time to speak to head office HR and they assure me there is no actually policy that states you must work on your notice period. It's up to manager and they could cancel if the needs of the business need me to..

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now