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Best way to handle notice period and holidays

  • 18-09-2019 11:37am
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hi all,

    Really tricky situation here that i'm looking for advise on.

    I am due to go on holidays for 4 weeks this Friday, however I have been offered a new job and do not plan on coming back to my employer after my leave, as this job needs me to start immediately and is more in line with my career goals and personal situation.

    I am currently 7 months with my employer, my contract states probation is 6 months and can be extended to 11- however there are no issues with my performance, my review has not been held as managers are currently on leave, I have requested the meeting but not looking like it will happen before i'm finished up.

    My annual leave renewed for the year in April- I am on a full-time permanent contract, so I was given a new allowance of 25 days, 20 of which have been approved for me to take starting at the end of this week.

    As I am aware, as I am still technically on probation (until I have been given a document to indicate i've passed same successfully) I can be let go at any point, without being able to claim unfair dismissal. I am concerned that if I advise my employer this week that I won't be returning after my leave, that they will choose to terminate my contract immediately-

    Could this result in my annual leave as a result not being paid? Or paid pro-rata? i.e. worked from April-September which is 40% of the year, consequently I get 40% of my yearly entitlement?

    I understand it's an odd case, but I can't really afford to risk either getting no annual leave paid and miss out on 4 weeks, or get paid pro-rata as I won't be paid from the new position for up to a month after I start.

    My contract states that: "on commencement of employment you are entitled to 25 days holiday for the full year. AL is calculated pro rata for PT employees. Payment of AL will be in line with the organisation of working time act 1997".

    Just looking for some advice as i'm confused about what way to handle the situation going forward.

    I only have to give 1 weeks notice in accorance to my contract, so was planning on either giving notice tomorrow before I finish up or calling a week before I am due to return to work and furnishing my notice then. Obviously I want to try and be as open as possible, but I just can't risk going 4 weeks unpaid.

    Any advice would be greatly appreciated.


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