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Leaving job but don't want to have to use annual leave.

  • 19-08-2019 5:15pm
    #1
    augusta24
    Registered Users, Registered Users 2 Posts: 633 ✭✭✭


    Hi there,

    I'm really hoping someone can help me with this. I am leaving my job and have given my notice. I still have quite a lot of holidays to take this year and I do plan on taking some of them but don't really want to take all of them. My current employer have said I have to take them, before I leave, they won't arrange to pay the holiday pay instead.

    I was wondering, is it possible for me to start my new job while on annual leave with current job so technically employed by two companies at the same time? It occurred to me that if I took my last week as annual leave, but actually started in current job that week instead of waiting, this seems the same to me as just getting paid the holiday pay instead?!

    I hope this makes sense and someone can tell me is it this straight forward or am I missing something?

    Thanks!


Comments

  • #2
    Tiddlypeeps
    Closed Accounts Posts: 2,103 ✭✭✭Tiddlypeeps


    Your current employer is essentially saying they want to pay you as little as possible. If you work out your notice they have to pay you for that time and they also have to pay you any holiday pay out the end of it. Every days leave you take now during your notice period is an extra days wages they don't need to pay.


    With regards to when you start the new job, I can't imagine your current employer would care if you start while technically still on annual leave. Weather they could legally stop you depends on the terms of your contract, but even if it is against your contract the chances of them pursuing it are almost zero.


  • #3
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    Tiddlypeeps wrote: »
    If you work out your notice they have to pay you for that time and they also have to pay you any holiday pay out the end of it.

    Not totally correct.

    They only have to pay out statutory minimum annual leave: if you get more than 20 days per year, you may forfeit any entitlement based on the more-than-20 portion.

    Also, they are entitled to direct you to take annual leave at a time of their choosing - for example between now and your last day.

    But yes, you can start one job while on annual leave from the other. This may mean that you pay extra tax on your first pay from the new job, but this will be sorted out later pays.


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