Any employment lawyers or HR people who can help with wrangles over notice period? 3 month one...

[guitarheroine]

I would be most grateful

DH handed in his notice on 26 November, he has a 3 month period. His boss was a nightmare, got very hysterical and abused him and cried I think she is under pressure but still very odd, accused him of being disloyal after 10 years

Anyway

We have a 10 day holiday booked and paid for (and he has booked at work before handing in notice). We go on 12 Feb, back on 22nd.

He is prepared to go in to work for the 3 days after if necessary to complete the 3 months but would clearly rather leave on the 11th Feb. HR suggested this and then crayzee boss woman intervened and said NO

He will only have accrued 4 days leave by the time he leaves. As he needs 8 days for the holiday, she wants him to (a) take that unpaid and (b) work an additional 4 days UNPAID after his notice period expires

Can she do this?

Also I am aware he can just leave on 12th and there is nothing they can do really. Is this right?

oh it's me CD in my xmas guise btw

VV
(fangs)

If he wants to take 8 days off but won't have accrued 8 days holiday, the remaining 4 days will be deducted from his final salary. So he can either go in for an extra 4 days so that doesn't happen, or he can take the hit.

In terms of whether he works his entire notice period, no there's not a lot they can do to force him, but obviously he then will not only lose 4 days because part of his holiday will have to be unpaid leave, but he won't get paid for the three days afterwards. Plus not working his notice period when it's been made so clear that his manager wants him to is likely to affect his reference. So unless he won't need a good reference in future and can take the financial hit, it's probably worth at least working the full notice period, and also considering making up the 4 days afterwards so that he doesn't get holiday deducted. Depends what your financial situation is and also if/when he starts a new job.

The money is not an issue
He wants to take a month off but this would fall in the middle of it

Well if the money's not an issue, the only thing to be concerned about is the very faint possibility of being sued for breach of contract (highly unlikely) and being given a less glowing reference than he might otherwise have been.

If not concerned about that, he could just let them know he won't be coming back after his holiday, and work out a leaving date for probably the 12th.