Notice handed. Advice needed

Brainz

Hey,

So i have handed my notice in recently to my employer with no job to go to. Although i was earning a good salary there is zero job satisfaction, morale in the company is rock bottom and I hate getting up to go to work in the mornings.

I have to give 2 months notice as per my contract.
I have 20+ days holidays still to take.
After advising my manager of my official finish date I requested to finish up prior to this so I could take my annual leave so I would not get heavily taxed on paying me for days not taken in Jan.

Initially all was fine however with the xmas period they will be short staff for cover so i offered to help up until the 30th Dec.

They now want me to more or less work right through until my leave date (there are no staff off on holidays in new year) and get paid my hols.

I have expressed my desire to finish up earlier to take my holidays in to consideration but they may refuse this.

Has anyone come across this issue before? My manager said HR do not have to allow me take holidays. Not sure where i stand

Company discretion about holidays has always been my understanding.

OMM 0000

https://www.citizensinformation.ie/en/employment/starting_work_and_changing_job/changing_job/giving_notice.html

Annual leave: If you stop work without taking all the annual leave you are entitled to, your employer must pay you for the days you have not taken. Some employers may offer leave in lieu of notice. However, this sort of arrangement is not covered by legislation, so you would have to come to an agreement with your employer over it.

seamus

The choice to grant holidays has always been at the discretion of the company. The fact that you're leaving doesn't give you any additional rights in term of taking leave. And in fact gives the company more power - they have good reason for not allowing holidays, because they need your handover.

Look at this as an opportunity. You have no other job to go to. Now you have two months to look for a new job with all-day access to a computer, while getting paid. And then you get a full month's pay when you leave.

If you're insistent on this, there is a separate tack you can take:

Your employer is obliged to ensure that all of your leave is taken by the end of the leave year. They can only carry over leave for six months and only with your agreement. So if you really want to strong arm them, you can refuse to agree to carry over your holidays. This means they must give you 20 days leave before the end of the year or they're in breach of the law.

You'll be burning bridges though.

Salary Negotiator

Ask them for an extra week paid if you agree to it but ultimately annual leave is at the company's discretion.

daheff

how do you still have a full years holiday entitlement left at the start of December?



There is a requirement for the company to ensure you get adequate time off during the year (ie your holidays) and they should not unreasonably refuse you taking this statutory entitlement.

However as it is coming to year end/ you are leaving I think it might be a bit unreasonable of you to expect them to give all the time off. Maybe look for a compromise of taking 2 weeks holidays and being paid the remaining 2 weeks?


if anything its probably in your interest to push some of the income into 2020 as I guess you won't be employed for a portion of it/prsi stamps etc etc

antix80

Careful op, do NOT finish up on 30th December.

You may think that the 20 days will bring you up to the end of January and that will be the date on your "P45".. but your last day of employment is the last day you turn up for work, so the payment in lieu of holidays could also be put through in the December period.

If you want to kick up a fuss, wait until 2nd January.

I had a horrible job a few years ago. I nodded and smiled until 31st December.

I was already been treated badly but I knew if I gave my notice in December, there was a high chance my access would be revoked and I'd be paid in lieu of annual leave and notice, all at 50-odd percent tax in the same tax year.