Taking holidays in notice period (no written contract)

[jobdilemma]

Hi there, I intend to resign first thing on Monday morning/email them over the weekend, and so four weeks notice would expire at the end of Friday 22nd June.

There are 2 issues;

1. I have no written contract of employment. All I got when I started 9 years ago was a letter confirming the offer, but no notice period was specified.

1. I really hate this job and want to leave as soon as possible. I only work 3 days pweek and have 7 days leave accrued.

I already have 1 day booked off in half term, so in theory could take the other days in the following two weeks, ending on 22nd June. This would mean, however, that my last working day was 8th June, and there would only be 4 working days altogether including the day I hand in my notice, and the last working day.

I've researched a bit and can see that my employers can refuse to let me take the two weeks leave in the notice period, but will that still apply if I have no written contract?

And can they give me a bad reference in these circs?

I was offered the job yesterday and they didn't ask for referees, so am not sure whether they will ask for references anyway.

bump

one last bump

If you don't have a contract why are you giving 4 weeks notice. If you want to leave ASAP then in the absence of a contract you only need to give 1 weeks notice.

Agree with verybad. In the absence of a contract you only need to give a week and they need to pay you for any annual leave accrued but not taken. Any reference they provide needs to give a fair reflection of yor employment with them.

Really, can I just basically tell them that I'm taking the leave on those days and they have to put up with it?

My boss is an absolute bitch and I do have concerns that she'd give me a bad reference just for that reason. But then again, if I was really bad she'd be sacking me, I guess!

You can't tell them when you are going to take leave, no.

But you only have to give a week's notice to terminate your employment and should then be paid for any outstanding holiday with your final salary.

Thanks Flowery. So I think in my letter of resignation which I'll hand in on Monday I'll say I'm giving two weeks notice, and with the BHs and 1 days leave already booked, will leave on Friday 8th which is what I'd like to do. I've already started clearing out a lot of files and getting the rest ready to hand over.

"Really, can I just basically tell them that I'm taking the leave on those days and they have to put up with it? "

No. But if they prevent you taking your leave they should pay you for it.

Conversely they can make you take annual leave when they want you to.