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Original poster

Handed notice in - told to extend notice period or cancel pre-booked leave

55 replies

ProfessorInkling · 10/08/2022 18:52

Can anyone help me to understand if my employer can do this or not?

I have been with the company 4 years. Handed my notice in, one month as per contract. Have a few days leave already booked during this time, about halfway through really.

Have negotiated new start date with new job but today my manager says I either need to extend my notice period for the same number of days as my leave, or have my leave cancelled.

No mention of this in my contract, or in the staff handbook...

Thank you!

OP posts:
StellaGibson2022 · 10/08/2022 18:55

Are they going to pay you for your untaken leave?

I guess if they need you to work they could ask if you could cancel your leave and pay you for it instead?

Hotchox · 10/08/2022 18:59

It's bound to be a grey area. In extremis, you could book an entire month off, then hand your notice in on Friday afternoon as you leave, never to be seen again...

Does you handbook talk about 'working' your notice period? If so, I'd assume they would be allowed to insist you don't take holiday during the notice period, as you need to actually work it. Saying that though, any time I've left a job, they've been ok with me deducting leave accrued from my end date, maybe I wasn't important enough!

ImAvingOops · 10/08/2022 19:02

I thought that working your notice meant working as you normally do. If you are owed leave I don't think it's reasonable for them to expect you to cancel it, particularly if you are sure there is nothing in any of their documents to say you have to. Do you have a union you can check with? Failing that citizens advice?

Sidge · 10/08/2022 19:04

I guess it depends on your leave allowance.

If your booked leave beyond what allowance remained given your period worked this year then they can ask you to work it?

Jalisco · 10/08/2022 19:07

Provided they give sufficient notice they can cancel your leave. If they have enough time - twice the amount of time as the leave length - then they can cancel it. So does it matter to you? If they cancelled it would you go anyone. Because that could be gross misconduct.

They are being unreasonable, but how far are you willing to take it.

NoSquirrels · 10/08/2022 19:07

Is it leave you haven’t actually accrued yet? When does the holiday year run to and from, and how many days have you already taken/have accrued?

Can you take the extra days at the end that you’ll ‘owe’ as unpaid leave to start your new job on time?

Alphabet1spaghetti2 · 10/08/2022 19:09

Don’t they have to give twice the length of the proposed holiday, as notice to cancel said holiday? They may have left it too late to tell you to cancel it.
or - do you not have enough annual leave left to cover the holiday, and they would have to dock your final pay and you’ve missed the deadline for payroll?
other than that, seems an odd thing to reply to your notice - as you could have just opted to go ‘sick with stress’ for the notice period.

Original poster
ProfessorInkling · 10/08/2022 19:09

Thanks for the quick replies.

Manager says it’s not policy to grant leave within the notice period.

Notice is one month, plus offer of volunteering on a weekend after notice period ends (my gesture, not managers request)

Leave requested is 4 days and within entitlement. Was booked a few weeks back.

OP posts:
Alphabet1spaghetti2 · 10/08/2022 19:09

Sorry crossposted with pp

Alphabet1spaghetti2 · 10/08/2022 19:11

Withdraw the volunteering?!

Original poster
ProfessorInkling · 10/08/2022 19:15

Alphabet1spaghetti2 · 10/08/2022 19:11

Withdraw the volunteering?!

I may do that, I’m really gutted.

I’ve had a good working relationship with my manager. She’s been supportive, and I’ve given my all to this role. But for all her many good points she has taken my resignation really personally and seems to want to make the end difficult. I’ve worked weekends, evenings, my kids have helped me with events, I could go on…but it doesn’t matter really.

OP posts:
SquishyGloopyBum · 10/08/2022 19:21

Can you talk to HR? If you are owed the leave they may prefer you to take it rather than sort out an extra payment?

spidersenses · 10/08/2022 19:24

I've never heard of a company doing this. That sucks. It may be legal (I don't know) but it is highly unusual for a manager or company to do what is happening to you.

TheProvincialLady · 10/08/2022 19:25

Do withdraw the volunteering. Also any additional hours, family helping etc. Ensure you take every break you are entitled to and don’t work a minute more than you have to. Check with HR that this is a real policy and if so feed back that it is mean spirited to withdraw leave booked some time before the resignation. Ensure you are paid for all leave owing. If it was me I would also put very little effort into preparing a handover and would do the absolute bare minimum for the next month (if that).

ImAvingOops · 10/08/2022 19:26

Where in their policy does it say this? I'd want to see it written down.

Manager might not get the final say if there's an HR dept. If they can force this, I'd go sick in the last week. Fuck em

Original poster
ProfessorInkling · 10/08/2022 19:26

Thanks vipers. No HR, small tiny charity. Will ask colleague tomorrow though. I appreciate the replies and the validation!

I wanted to enjoy my last
few weeks but if it goes sour I’ll just check out emotionally, it’s been a fuck of a year, I’ve loved my job but burnout is common, and I’m not doing that to myself.

OP posts:
ImAvingOops · 10/08/2022 19:27

Definitely ask to see the policy and talk to union rep.

poorbuthappy · 10/08/2022 19:30

I had a week's holiday in my 1 month notice period! It was booked prior to me handing my notice in. You are entitled to the same employee benefits even though you're on your notice! If she's taking it personally then to be frank it sounds like she's being vindictive

CrotchetyQuaver · 10/08/2022 19:36

I'd ask to see this policy, I bet it doesn't exist and she's just being horrible about you leaving.

LIZS · 10/08/2022 19:37

They can cancel leave at twice notice of duration, so 8 working days. Never heard of having to add it back on but you could be deducted pay if you have taken more than prorated allowance.

blacksax · 10/08/2022 19:37

ProfessorInkling · 10/08/2022 19:09

Thanks for the quick replies.

Manager says it’s not policy to grant leave within the notice period.

Notice is one month, plus offer of volunteering on a weekend after notice period ends (my gesture, not managers request)

Leave requested is 4 days and within entitlement. Was booked a few weeks back.

Leave had already been granted before you handed in your notice, so fuck 'em.

Carofay · 10/08/2022 19:38

I think this issue stems from the fact that you have given too much to this role and your manager will miss your contribution. It will make her working life harder as she may need to pick up some of the work you did. Same thing happened to a friend of mine. They delayed his leaving date (he was moving to a role within the same company); asked for him to return to gis old role for three days after starting his new job then spent 12 weeks emailing his new boss asking him to pick up tasks relating to his old role. It turned so sour that my friend considered submitting a grievance. It doesn't always pay to be indispensible.

devildeepbluesea · 10/08/2022 19:43

If you have 4 days leave booked they have to give you 8 working days notice to cancel, unless it states in your contract that no leave should be taken in your notice period.

It would surprise me if it did tbh, most places want you to take leave before you finish.

HairyScaryMonster · 10/08/2022 19:44

At the end of the day, an employer only has to give double the length of the leave in notice to cancel leave under any circumstances. I guess an option is to go off sick, what are they going to do, fire you?? You should get it in pay with your final pay if you can't take it.