Employment law around giving notice and holiday entitlement

[Bloodywellshrunk]

DP works for a company that shuts down for two weeks over the Christmas/New Year period. This is classed as annual leave (apart from the bank holidays) and he has to save his leave for this. He's worked there for over 10 years. He's had a gutsful of the company and will be handing his notice in a full week before the leave starts. He's weekly paid so a week's notice is what is required.

He stupidly told one of his workmates who told someone else and word has got back to the site manager who's a knob to work for. This manager has told staff that if anyone hands their notice in before Christmas they won't be eligible for the leave over the two week shut down. I've done a quick google and from what I gather this isn't true. Just wondering if anyone more knowledgeable would be able to clarify this.

Thanks

When does his holiday year run from?

If he has saved annual leave to take over the Christmas period, he will be entitled to be paid for all his accrued leave on the day he leaves. So if his holiday year runs from 1 Jan to 31 December he should be paid for almost all of that period even though his last working day will be the day the workplace shuts down for Christmas

If he, let's say, hands in his notice on 23rd December, giving an end date of 30th December, he'll have an annual leave entitlement pro rated to his end date. He wouldn't get the full 2-week shutdown period, assuming the shutdown continues into the new year.

He should be paid for accrued annual leave up to his end date, regardless of whether or not the company has a shutdown.

He should check his own company's rules on how they calculate annual leave though. Depending on their rules, they may state that annual leave is calculated to the nearest completed half month, so he may only get 11.5 of 12 months' entitlement for 2024.

Can he check with HR how his final pay is calculated?

If they actually end his employment in line with his last day at work, and don't pay his accrued leave, he should put in a claim for unlawful deduction of wages.

@Katrinawaves that's what I thought too.

@skilpadde he's planning on handing in his notice on Monday the 16th, so he'll work his notice period. Do you think he'd be better handing in his notice on Friday the 20th? Annual leave entitlement runs 1st January to 31st December, so he may be a few days short? That sounds better than what his line manager stated.

Does he have another job to go to?

If he's owed for outstanding leave accrued they've got to pay it. If they don't get your formfi.ledvin and sent to acas immediately (don't wait).
He should state in his resignation that his last date of employment will be xxxx

What are the shutdown dates? Are they paid weekly?

Oops.. filled in

He does have another job to go to, starting Monday 6th January.
Shut down dates are Monday 23rd December to Friday 3rd January.
He's paid weekly.

If the shut down period is 23 December to 3 January, I would resign on 27th December and state ... For the avoidance of doubt, my last date of employment is Sunday, 5th January 2025.

Payroll will have already been run if they are on shutdown. It's their own fault fir being arsy.

I would deliver the resignation BY HAND if possible.

@ByQuaintAzureWasp would that work if the offices are also shut?

If he’s using annual leave to cover the Christmas shutdown they pay him his leave as normal.

I would say my last day is 31st December.
Then he gets his full leave entitlement and works up to the date they shut down for Xmas.
They must pay him his full accrued annual leave entitlement.

In his shoes I would hand in his notice on the 20th. Confirming in writing that his last day of employment will be the 27th. As he was going to be on holiday that week and the amount forms part of his annual leave, he should get paid for it. They should calculate annual leave entitlement up to the 27th, and given he must have holiday entitlement left to cover that period, there’s no lawful reason that it shouldn’t be paid.

if it isn’t though, he should go to ACAS.

if he hands in his notice on the 16th, his final working day will be the 20th. His holiday entitlement will be calculated up to that point. He might be due a day or so’s holiday pay (depending how much holiday he is entitled to in a year. If he gets 28 days a year, he’d probably be due around 1.5 days.

Does he definitely only have to give a week’s notice? If he’s worked there for almost 10 years, they would have to give him 9 weeks notice if they were laying him off. It’s often the case it works both ways, though not always, depends on the contract. The fact that he is paid weekly doesn’t matter.

@WhatWouldTheDoctorDo It's construction work and ex colleagues have confirmed that they only gave a week's notice after having been there a long time as well. Lots are abandoning ship since this new site manager started.

He can submit his resignation when the offices are shut.
I would deliver it by hand and mark "delivered by hand" on the letter and envelope ... so they can't say they've not had it. They may say he's been overpaid for 2nd and 3rd January as he had no anual eave left ... in which case they can invoice him for the overpayment.

I gave several months notice as my employer was good but took advantage too of xmas shutdown.

I have notice during shut down - hand delivered letter and email.

No way was I working the first week back in that place!

He’s an adult and free to hand in his notice wherever he likes.

They should pay him his accrued holiday pay. The days from early January will be from next years holiday pay so he’d need to pay back any excess holiday pay.

Any shutdown days after New Year's Day cannot be taken out of the 2024 holiday, they must come out of 2025's entitlement, and the 1st is a bank holiday. Therefore, he should hand in his notice saying that his last day is 31st December 2024. The fact that they are closed and all on holiday is irrelevant, and he should be given the full year's holiday entitlement.

1st is a bank Holiday, to which he is entitled if he's still employed.

Site manager is being ridiculous. Assuming your husband still has holiday entitlement to cover the shutdown, they must either let him take his annual leave or pay him for the holidays he hasn't taken. If they are only giving the minimum statutory holidays (28 days including bank holidays), they must let him take his annual leave - they cannot pay him instead.

Yes, I know. But his holiday period is for a calendar year, so the 1st January comes under next year's holiday, not the current one that the OP is talking about.

If he states his last date of employment is 5th January they certainly will have to pay him for 1st. Additionally, he's 'available for work' on 2nd and 3rd January, but the employer has chosen that it's a shut down period. Employer can perhaps reclaim an overpayment for those 2 days but not sure they are on legal grounds if he refuses to re-pay, given he was available to work.

Thanks for the advice everyone. Being on the ground, so to speak, in construction, DP is not the brightest spark when it comes to anything which requires logging in to access information. I have managed to get into his employee portal tonight though. Annual leave runs from 1st February to 31st January. He has 15 days holiday left to take out of 30 for the year. He'll lose 2.5 days for January but should have enough for the Christmas shut down period, if I've read it correctly.

If he gives his notice on Friday 20th then, as long as the site manager doesn't stick his oar in with HR and payroll, then he should get 6 days leave paid on top of shutdown. I hope I've got that right.