Holiday pay if quitting without notice

[Blunderwoman]

My job I've been in for 8 years, my contract is to give a week's notice.

 

I have 10 days holiday coming up starting next week. If I message the boss 3 days into that holiday and tell him I'm not coming back can it be used as 7 days notice (ie a week). I have a lot of holiday entitlement left this year about 70 hours.

 

So 2 questions please without judgement just facts:

 

1. If I phone boss three days into my 10 day holiday next week to formally tell him I'm quitting is that legal?

2. Can they get out of paying me my 70hrs holiday entitlement if I take that route?

 

(Massive global company not one man and his dog operation, if it affects the advice)

 

[Manxman in exile]

If your contractual notice period is "one week" (are you sure it is?) I don't see that it makes any difference that you aren't there but are on leave.  I presume they'd have to pay you for the untaken leave(?).

 

But don't rely on me - see what others say.

[Blunderwoman]

Thanks for reply. My thinking is it's probably a bit shady to use my holiday to tell boss I'm quitting but still legal?

70hrs is a lot of holiday money to lose if I'm wrong!

 

[Manxman in exile]

I agree it seems a bit sneaky and I wouldn't be happy if I were your manager.  But one week is one week.  If that is your notice period (are you really sure?) I can't see that it isn't lawful.

 

But as I say, don't just rely on me - see what others say during daylight hours.  (There may be a limit of some kind on the maximum holiday hours payable?)

 

(I take it you aren't in a union?)

[Blunderwoman]

I was under the impression (perhaps wrongly), that when one quits a job all the outstanding holiday accrued is paid in the final wage packet? Can anyone confirm please?

 

Is there any way they can withhold it or simply cancel it when I hand in notice?

 

[Sidewinder]

The employer cannot legally withhold any holiday pay that accrues up to the date of termination. Any exception might be where there is a contractual obligation to repay training or other agreed costs

 

In certain circumstances, where the correct notice is not worked, the employer 'can' sue for out of pocket expenses directly incurred as a result of that breach - for example having to engage somebody to cover work that your leaving without the correct notice led to it needing to be completed. That is rare however and would be more relevant to certain occupations  

[ericsbrother]

how long have you worked for the company? if the niotice period isnt in your contract them it is usually determined by a standard method