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Notice & Holidays

4 replies

MissCalamity · 31/03/2013 11:13

Hi

I'm hoping someone can help on this subject, my OH has been offered a new job and is waiting on the contract to come through before giving notice at this current place. He never received a contract and is paid weekly, so would we be wrong to assume that the notice period is a week?

He is going away for a week next Sunday but due to childcare issues (as I'm on a hen do) he will finish work on Thursday 4th April for his holidays.

He'll probably receive the contract through on Tuesday, so how does that leave him with his notice as effectively he'll be a on holiday a week on Tuesday?

Would he have to work to make up the week when he gets back off his holiday, or will his holiday time be included in his notice period?

Thanks [busmile]

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KelleStar · 31/03/2013 11:22

I think it depends on how much holiday is accrued. If his holidays run jan to jan, he'll have a pro-rata amount to use. Might be around 5-8 days, however if it runs apr-apr then he may have to work those days back and his notice period.

My dad was recently in this position, he had a two week holiday booked and no contract, a new job came in and he gave his notice of a week, and was owed 2 weeks leave, so he didn't go back at all.

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flowery · 31/03/2013 12:41

Yes his notice period is a week.

Yes he can be working his notice and be on holiday.

Be careful though, has he accrued enough holiday to do that? If he won't have accrued enough he may not be paid for those days.

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JoCheshire10 · 31/03/2013 13:14

Providing he tenders his notice in writing he can submit it whilst on holiday and serve it whilst on hols too.

Agree with prev poster though that if he's not accrued the holiday days then this may be taken out of his final pay so worth checking.

I work in HR-and although contractually someone should provide their employer with a certain level of notice there is rarely any implications with not doing. Most company's just accept someone has left early and move on-the only exception would be if someone was in a really senior position and their leaving would put the company at risk-they could technically take them to court, but never seen it done in practice.

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MissCalamity · 31/03/2013 13:22

Hi

Thanks for the replies, I don't think he has enough holidays as we were away at the start of the year and his holidays are jan to jan, so I think he'll have to work a week once he is back off holiday. Obviously his current boss will sort him out on that score, but we wanted to have an idea of where he stood.

Cheers