Holidays and Notice Period

[Meggymoo777]

Hi All,
Just looking for some advice from those wiser and more in the know.

I'm currently on stress leave from my job, I have been looking for alternative employment in the meantime and I simply cannot imagine returning to this workplace, it's incredibly toxic.
I am hoping that I will be offered a role that I have done a number of interviews for by the end of the week 🤞🏻

My query - I am obliged to give 1 month notice to my current employer, I have approx 4 weeks holidays to take - can I resign and use my holidays as my notice period?

Thanks in advance

Nobody but your employer can answer that. They'd be daft to refuse - but some employers are daft!

Thank you, I guess my question is am I legally entitled to take my holidays as my notice period.

As you are on sick leave most employers would be happy to use your annual leave to cover your notice period.

@Meggymoo777

Thank you, I guess my question is am I legally entitled to take my holidays as my notice period.

No, you’re not entitled to. Same as any other holiday request, you can ask, and your employer can refuse.

You’d need to give at least 8 weeks’ notice of your intention to take leave, and it would have to be approved - most companies have a policy preventing more than 2 weeks in one chunk. So it seems unlikely.

You’re entitled to be paid for holiday in lieu when your employment ends though.

How does your holiday entitlement work is it Jan to Jan?
Just wondering how you’ve recruited 4 weeks holiday already this year.
Or are your NHS?

@MrsPinkCock

You’d need to give at least 8 weeks’ notice of your intention to take leave, and it would have to be approved - most companies have a policy preventing more than 2 weeks in one chunk. So it seems unlikely.

You’re entitled to be paid for holiday in lieu when your employment ends though.

Twaddle. The law says that you must give notice of the same amount of time plus one day. So if you want eight days leave you must give nine days policy. Some employers may vary that by contract. But that's not common. Most companies do not have policy that says you can't take more than 2 weeks - there is no evidence to support that at all. It doesn't seem unlikely bedbugs many employers don't want to pay out more money so would be happy to save money by allowing you to take it during notice. Some employers insist you do that and won't pay you for it.

Twaddle

No it wasn’t twaddle. Technically the requirement is at least double the length of the leave plus one day, link attached. So in this case, if legal requirements were being followed, eight weeks notice would be required.

www.gov.uk/holiday-entitlement-rights/booking-time-off-

Of course most managers probably don’t insist on the legal standard and don’t even know it, but if they look it up that is the legal requirement.

If I had a member of staff off sick with no imminent return, and they submitted their resignation by using their annual leave as their notice, I would snatch their hand off !
Fingers crossed for the job offer x

@PinkCookie11

How does your holiday entitlement work is it Jan to Jan? Just wondering how you’ve recruited 4 weeks holiday already this year. Or are your NHS?

If she's long term sick, she will have accrued holiday from the previous holiday year which will have been brought forward.

As a pp says you will get paid the outstanding holiday pay in your final pay anyway, so you may as well continue to receive sick pay in your final month and then receive the owed holiday on top.

@Meggymoo777

Thank you, I guess my question is am I legally entitled to take my holidays as my notice period.

No, legally they can refuse your holidays.

However, as you're receiving sick pay and they'll need to pay your holidays with you leaving anyway it would make no sense for them to deny the holidays. If they do refuse them, would you be able to get another sick line to cover you for the notice period?

@Moondust001

No, it isn’t twaddle. A link here to the appropriate section of the Working Time Regulations 1998, in case you’d like to educate yourself?

www.legislation.gov.uk/uksi/1998/1833/regulation/15/made

Thanks so much for all the responses.

To answer a few Qs - not long term sick, have been off for 3 weeks, which was extended for a further 2 today. Really hoping I'll be in a position to hand in my resignation in the next week so will have 1 week sick leave left and then 3 outstanding weeks of notice to serve.

Was unable to take holidays last year so have carried over all but those used at Xmas plus what I have accrued this year.

No set policy in place for amount of notice to give when taking holidays outlined in contract or handbook.

Good to hear that some people think my employer would be mad not to let me take my leave as my notice period... here's hoping! I guess all I can do is put in for the holidays and see what happens, at least now I know I don't have a legal entitlement to take them.

And thanks to PP for the well wishes on the new job, really hoping it comes through for me 🤞🏻