Using my holiday as part of my notice period

[Guest Alison82]

Hi CAG

 

I have an issue at work that I need help with. I handed in my one month's notice on friday, I have 3 weeks and 2 days holiday to take year to date. I wish to take these and leave on Friday. I already have next week booked as holiday.

 

I work within a concession within a store, prior to this notice the store was not happy with my performance therefore between the store and my employer they put me on a 8 week probation period. At the end of this I am to have what is called a store approval (without this you are not supposed to work in the store, maybe on a temporary basis but not on a permanent one).

 

Basically I want to leave on Friday...They have always wanted me out but now they are being difficult, and want me to propose an alternative time to leave. I don't see the point of working this week having next week off then coming back and starting my new job the following week, once I'm gone I want to ho for good.

 

I will contact my union tomorrow but just wanted to hear your opinions

 

 

Thanks in advance

[Emmzzi]

they have a total right to tell you when to take leave, so while they should honour next week, yes, you should return after if they want to pay you in lieu for holidays.

[king12345]

Perfectly acceptable to use your holidays during notice period.

They may not like it, but the alternative is that they pay you holiday in lieu as suggested by Emmzzi.

However, as you have already booked a gateway, there's nothing they can do.

If they try not to pay your full month notice come back here to load your weapons

[Emmzzi]

If they try not to pay your full month notice come back here to load your weapons

 

What weapon is that then?? let's not pretend this is a full blown battle; OP wants to breach her contract; they'll agree or not; they'll invoice/charge for backfill or not; the holidays will get paid somehow.

 

Logic should prevail over rabble rousing....

[Guest Alison82]

Hi many thanks for the replies, two completely different opinions.

 

I don't believe they have a right to tell me when to take my annual leave, the whole point of holidays are to take them when is right for you. Also I'm not in breach of my contract I am required to give one months notice which I have done. I have 3 weeks holiday left which I wish to take.

 

Just need to know where I stand (not looking for an argument, I just want to leave and start my new job asap).

[CrappoMan]

Your employer has the right to refuse any holiday request, using the catch all excuse 'needs of the business'. You cannot force your employer to let you use your outstanding holidays as your notice period.

 

You could ask them but they may want you to work your notice preiod, less the previously authorised holiday.

[Guest Alison82]

Hmm ok, I'll check with my union and let you know what they say.

 

Thanks

[Emmzzi]

https://www.citizensadvice.org.uk/work/time-off-work/holidays-and-holiday-pay/#h-can-you-choose-when-to-take-holiday

 

"an employer has the right to refuse your request to take holiday, as long as they give you the right notice at the right time and take account of certain agreements between you. Your employer can require you to take all or any of your holiday at a particular time, as long as they give you the right notice at the right time and take into account certain agreements between you."

[Guest Alison82]

Ok, but what is the right notice and at the right time when I have 3 weeks and 3 days left in employment?

[SabreSheep]

As an ex Union offical, I can tell you Emmzzi has it spot on.

[Emmzzi]

Ok, but what is the right notice and at the right time when I have 3 weeks and 3 days left in employment?

 

They can't cancel next week, that is too short notice.

 

They can just say "no" to anything else.

 

I'd get in the mindset of asking, not dictating.....might get you further

[becky2585]

You need to give at least twice as much notice as the leave you want to take - so for three weeks leave, you are required to give six weeks notice. Your employer can therefore legitimately refuse the request on statutory grounds alone but they would probably also cite business need for the refusal. However, there's no harm in asking - all they can say is yes or no!

 

Even if they agreed this then you won't be able to start your new job next week. You're still employed until the end of your notice period, so it wouldn't be advisable to breach your contract by working elsewhere (if you need the references - if you don't then it probably doesn't matter as much...)

[king12345]

The important points are:

1. The op wants out asap

2. The employer wants the op out asap but now that she's given notice, all of a sudden they need her there. Troublemaking imo.

3. The op has already booked a gateway so she will not be at work from next week in any case

4. The employer can surely start a breach of contract investigation, but would they?

 

Reading between the lines the employer seems to be a large organization with union presence and procedures in place.

This in my experience means that should the op use the holidays she's entitled to during her notice period, they won't do anything at all.

This is my own opinion based on my personal experience.

Start proceedings for breach of contract would cost a lot of time and effort in effect for nothing, after all the op will be gone before the first fact finding interview.

Would they not pay the holiday?

Again, assuming they are a larger organisation I would say that most likely they will to get rid of the op once and for all without having to waste resources arguing for a few pounds and the wish of a local manager to upset the op.

[Emmzzi]

The OP has a notice period for a reason; the employer needs time to organise cover. A week is rarely long enough to recruit new staff; barely time to out an advert out!

 

Are you equally suggesting employers should not honour notice periods and just say "tara! We don't need you" at the drop of a hat? It has to cut both ways.

[Ganymede]

Hmm ok, I'll check with my union and let you know what they say.

 

Thanks

 

Why not do that at first instead of wasting our time?

[king12345]

The OP has a notice period for a reason; the employer needs time to organise cover. A week is rarely long enough to recruit new staff; barely time to out an advert out!

 

Are you equally suggesting employers should not honour notice periods and just say "tara! We don't need you" at the drop of a hat? It has to cut both ways.

 

They can and do it all the time.

They call you in the office, they give you a month notice and if you have a month leave to take they say goodbye to you there and then.

Of course they pay your month holiday.

[obiter dictum]

They can and do it all the time.

They call you in the office, they give you a month notice and if you have a month leave to take they say goodbye to you there and then.

Of course they pay your month holiday.

 

What about consultation period, redeployment options etc.

You just cannot give a person notice like that. Even a disciplinary you have to follow the correct procedure and time lines

 

That is you have completed 24 months service

[king12345]

What about consultation period, redeployment options etc.

You just cannot give a person notice like that. Even a disciplinary you have to follow the correct procedure and time lines

 

That is you have completed 24 months service

 

It was implied that the notice would be compliant with current regulations.

[Guest Alison82]

Hi all

 

I spoke with my union and they said that my employer has the right to say no. Do I noticed that when I re read the email my boss has offered to pay me for 1 week cash ( which is good for me) so as a compromise I have offered to move my holiday so I work 2 weeks and have 2 weeks off.

[Guest Alison82]

Why not do that at first instead of wasting our time?

 

Because I've been a member of this forum since 2006 and have contributed to various discussion and have donated my time and money to a cause that I believe in. Other people actually like to be helpful and hash things out. If we didn't do this then the movement regarding bank charges and ppi claims a few years back probably would never have happened.

 

Sorry are you Bankfooder or one of the others that founded this site....NO, if your time is so valuable don't post on my thread.

 

No need to reply...I'm sure your too busy.

 

(Note to self; don't argue with faceless people online)

[Guest Alison82]

The important points are:

1. The op wants out asap

2. The employer wants the op out asap but now that she's given notice, all of a sudden they need her there. Troublemaking imo.

3. The op has already booked a gateway so she will not be at work from next week in any case

4. The employer can surely start a breach of contract investigation, but would they?

 

Reading between the lines the employer seems to be a large organization with union presence and procedures in place.

This in my experience means that should the op use the holidays she's entitled to during her notice period, they won't do anything at all.

This is my own opinion based on my personal experience.

Start proceedings for breach of contract would cost a lot of time and effort in effect for nothing, after all the op will be gone before the first fact finding interview.

Would they not pay the holiday?

Again, assuming they are a larger organisation I would say that most likely they will to get rid of the op once and for all without having to waste resources arguing for a few pounds and the wish of a local manager to upset the op.

 

Yes it seems they are doing this. But Emmzzi is correct and the legal team in my union said the same thing.

 

Since they are offering me a gesture I have too by offering to move my holiday.

[SabreSheep]

Why not do that at first instead of wasting our time?

 

I appreciate the sentiment here.

 

However as some union reps in some unions are voluntary they sometimes get it wrong. I do not see a problem with asking 2 different sources at the same time. Most people here have a disclaimer in their signature saying that if in any doubt member should seek legal advice etc etc

[king12345]

Glad you found a good compromise.

I wrongly understood that you couldn't move next week gateway.