Notice period

[Captainweasel]

Have recently handed in notice at current job. My contract states I must give 12 weeks notice.

My final day as advised initially by hr was 19 January.

I am away from 5 December through until 2 January.

According to staff handbook holiday is not usually allowed to taken during notice period.

From start of holiday year April 1 to the end of January I would I think be entitled to take 23 days holiday (allowance this year 30 days). To provisional leave date I will have taken all 30 days. I think I owe my employer 5 working days ( either via extending notice. Or by deduction of salary).

Am I right firstly in thinking that I am contractually obligated to GIVE 12 weeks notice not to WORK 12 weeks notice.

And secondly in thinking that I shouldn't be asked to extend notice period by a further month?

Any hr advice would be greatly recieved.

[flowery]

Notice is the amount of time between when it is given and when employment ends, so in your case, 12 weeks before you want your employment to end, you hand in your notice. It really is that simple. Whether or not they make an exception and allow you to take holiday during your notice period (even though you won't have accrued enough) doesn't affect the last day of your employment.

[Captainweasel]

Thanks. I thought it was. I think it's being over complicated.

Given that the phrase " notice to be given" not " notice to be worked" is stated in my contract I assume that I'd only have to give the 12 weeks -as I have done. But work a full 12 weeks.

Want to argue this as can't see how they can force me to work 12 weeks. If I was go sick for a week they couldn't extend notice by that time I just wouldn't get paid.

[flowery]

There isn't anything that could extend your notice period. The only question is whether you'll be able to take your holiday during it.

[Captainweasel]

Spoken to HR today. They are adamant that they can extend my notice period, or cancel my holiday.

Contractually, neither of these they can do. They can tell me I can't take the holiday because we are busy, but this period of leave was approved a year ago, and I've had no holiday all year so am owed time off.

Nothing in my contract states that they can extend my notice period.

We are now at a stand off. Unless they come back to me with a legally signed version of my contract which states that my notice period is different, or can be extended, i'm not backing off.

[flowery]

Do you feel the clause in the staff handbook stating that holiday cannot be taken during notice is non contractual?

There is nothing which enables them to force you to serve a longer notice period. If your notice period is 12 weeks then it's 12 weeks, not 13 or whatever. The issue is the holiday.