Using holidays for Notice

bambam

Hi all,

Would anyone know the legal standing of using up your holidays as part of notice given when leaving a job. Can a company force you to *work* your full notice period even if you have holidays outstanding?

thanks

jesus_thats_gre

Sounds very reasonable.

RicardoSmith

Well if they don't let you take your holidays they have to pay you for them. Since you're not likely to be the most productive working your notice then only an idiot would make you work it, since they'll have to pay you more than if they just let you go. That said I was made to work my notice (vol redundency) and it was a waste of time. I'm still angry about it. If you can get out of it do.

bobk

Have you got another job to go to?

If you don't, why would you want to leave early? you have a guaranteed income for your notice period and holiday pay due.

If you do have a new job, I suggest you come to a compromise with your current employers. I can't imagine them turning it down out of spite, but if they may turn it down because they need you to be part of a handover process, if that's the case then you would be breaking your contract and could possibly forfeit part if not all money due to you (if your employers got nasty about it).


My advice is that unless you really have something better to do, stick it out for the remaining time.

bambam

The info is for a relative, she has a new job offer that provides training. The trainer is going on holiday in 5 weeks time. My relative needs 2 weeks training for the role. Hence the need to cut a months notice down to 3 weeks.

thanks for the replies folks.

RicardoSmith

She could offer to come back in the evenings or on the weekend to train in her replacement. That might get them off her back.

GerardKeating

Originally posted by bambam
Would anyone know the legal standing of using up your holidays as part of notice given when leaving a job. Can a company force you to *work* your full notice period even if you have holidays outstanding?

I assume she has already asked, and they said no, if so was there a reason..

Normally these arrangements can be worked out between employee and employer.

Victor

I don't think they can force you unless it's in your contract (even that would need a court order).

However, be aware that a good reference may be important and the new employer may not necessarily look favourably on your friend if they just dump the existing employer.

Third_Echelon

with a lot of places they may tell you to leave when you hand in your notice... depending on the type of job it is...

they'll still pay you for the notice and any hols you have left... again it all depends on the company you work for... i was actually looking at my own contract the other day.... the old review time of year again... and it stated something along those lines...

MarkR

Normally states in the contract that it is at the discretion of the company?

seamus

Originally posted by Third_Echelon
with a lot of places they may tell you to leave when you hand in your notice... depending on the type of job it is...

I've always handed in and worked full notice. Never had anywhere ask me to leave, only offers to leave a few days earlier.

they'll still pay you for the notice and any hols you have left... again it all depends on the company you work for... i was actually looking at my own contract the other day.... the old review time of year again... and it stated something along those lines...

My new contract says that they can pay me in lieu of notice, that is, they can terminate me at the end of the month for example, and give me a full two month's pay on pay day.
Holidays very much depend on contract. If your contract says specifically that holidays are not carried over, and that outstanding holidays will not be paid for, then she won't get paid if she leaves with holidays outstanding. She has every right in the world to take those holidays during here notice though.

Johnmb

Originally posted by seamus
Holidays very much depend on contract. If your contract says specifically that holidays are not carried over, and that outstanding holidays will not be paid for, then she won't get paid if she leaves with holidays outstanding. She has every right in the world to take those holidays during here notice though.

I think you've got that the wrong way round. The statutory minimum holidays cannot be avoided by the employer, no matter what the contract says. You either must be given the days off, or if you leave the company first you must be paid for the days you were due. It is up to the employer when holidays can be taken, subject to some restrictions which are unlikely to apply in this case.

seamus

Indeed I am mistaken. Your employer must pay you for all holidays due when you leave.

My confusion arose with the carrying over bit. Your employer is not obliged to pay you for holidays you do not take in a given year (Unless you leave before the end of that year). Of course, he is obliged to pretty much force you to take your statutory holidays, like I was once (I had almost 6 weeks of holidays due).