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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

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

19 replies

julieann42 · 28/07/2014 23:08

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.

OP posts:

HopefulMum111 · 28/07/2014 23:15

This reply has been deleted

Message withdrawn at poster's request.

Original poster

julieann42 · 28/07/2014 23:17

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?

OP posts:

HaroldLloyd · 28/07/2014 23:19

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

Shenanagins · 28/07/2014 23:19

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 · 28/07/2014 23:21

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 · 28/07/2014 23:26

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

HopefulMum111 · 28/07/2014 23:44

This reply has been deleted

Message withdrawn at poster's request.

Princessgenie · 29/07/2014 07:14

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 · 29/07/2014 07:19

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 · 29/07/2014 08:01

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

londonrach · 29/07/2014 08:05

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.

Original poster

julieann42 · 29/07/2014 14:58

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

OP posts:

Twitterqueen · 29/07/2014 15:07

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 · 29/07/2014 15:37

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 · 29/07/2014 15:44

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 · 29/07/2014 15:49

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 · 29/07/2014 18:31

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 · 30/07/2014 07:02

Not smart if OP wants a reference, tobysmum77

Original poster

julieann42 · 30/07/2014 15:23

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..

OP posts:

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