Leaving job; on 8 weeks notice, employer insisting I take accrued leave as holiday during notice period.

[bbcessex]

Hi there, pretty much as above really.

I have resigned from my job, and have an 8 week notice period which takes me up to mid August.

I haven't taken all my leave entitlement so far, and will have accrued more than I have taken by the time I leave.

I've had an email from HR saying "you will have accrued 7 days.. It's our policy to ensure you take these days during your notice period."

I hadn't expected this - previously, if I'd had holiday not taken, I'd have been given the holiday value as part of my final salary (which would be my preference).

I'm going to respond and suggest the value instead, but wondered if there are any HR people (Flowery? ) who can advise first? If it makes any difference, the company would like me not to be in the office during my notice period, but aren't keen to put me on gardening leave.

Many thanks indeed.

Perfectly fine for them to require you to take holiday during notice period, very common in fact.

You can ask for them to pay it out certainly but there's not a lot of incentive for them to do so especially if they don't want/need you in the office.

Darn.. I thought that may be the case..uch! Thanks for the clarification..

Your employer has a legal requirement to ensure you take the minimum holiday entitlement, so asking you to take it within your notice period is reasonable and responsible on their part. Of course, there is nothing stopping you starting work with your new employer early and still getting paid twice for the same days

"Your employer has a legal requirement to ensure you take the minimum holiday entitlement"

In fact in situations where employment is ending, it's perfectly fine for the employer to pay out holiday entitlement even if it means the employee won't have taken their minimum.

"Of course, there is nothing stopping you starting work with your new employer early and still getting paid twice for the same days"

I'm going to assume you're joking there by the winking face, but just in case anyone reading this thinks you are not, of course there is plenty stopping you doing this. It would be a breach of contract, your employer could sue you for amounts they've paid you while you were working for someone else and you could kiss goodbye to a reference from them in future.

Sorry if if seems I am picking on your post SueDunome, I'm just conscious that lots of people read the threads in this topic for guidance on what to do in employment situations and for information on their rights, so it's important to me that they get accurate information. There is a disclaimer at the top but I wouldn't want anyone reading to take what you've said at face value and start work for another employer while still employed by someone else and get themselves into hot water.