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Notice & Holiday

Hi Everyone,
I'm hoping someone on here can help me. I'm incredibly unhappy at work - long story which I won't bore you with - and I'm thinking of handing in my notice and returning to full time self employment.

I have a week's holiday booked in a week or so, but ideally I would like to hand in my month's notice on Monday. My question is, would my employer be within their rights to cancel my leave?

I have built up enough time this year for 18 days holiday, so it's not like I would owe them money/time and I'm not looking to take anymore leave before I go.

Any help would be great. Thank you

Comments

  • nomnomnom
    nomnomnom Posts: 229 Forumite
    No one can take away holiday you have accrued.
  • SarEl
    SarEl Posts: 5,683 Forumite
    nomnomnom wrote: »
    No one can take away holiday you have accrued.

    Interesting viewpoint. Wrong, but interesting.

    OP, you need to check your contract. Some say that you cannot take leave during your notice period, and if yours does then you would either have to negotiate or hand in your notice later. In order to cancel your holiday otherwise, the employer would have to give two weeks notice for a weeks holiday - so it would depend when that holiday is in relation to them telling you this.

    To be honest, most employers won't bother and won't do anything. But I honestly could not say it cannot happen because it wouldn't be true. But that would simply mean that if they cancelled it lawfully, they would then have to pay you for the untaken holiday.
  • System
    System Posts: 178,376 Community Admin
    10,000 Posts Photogenic Name Dropper
    Thanks SarEl

    My holiday would start a week after I'm hoping to hand in my notice. I spoke to HR and they said about being paid for any not taken by the time I leave and said I could ask to include all outstanding holiday in my notice or take the money when I leave. But as my existing holiday was booked some weeks ago, I hope to leave it in place
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • SarEl
    SarEl Posts: 5,683 Forumite
    Thanks SarEl

    My holiday would start a week after I'm hoping to hand in my notice. I spoke to HR and they said about being paid for any not taken by the time I leave and said I could ask to include all outstanding holiday in my notice or take the money when I leave. But as my existing holiday was booked some weeks ago, I hope to leave it in place

    If HR are happy that you can take either option then you should be fine. If you are that unhappy roll it all into your notice and get out sooner!
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    SarEl, AFAIK, the employer only has to give notice of at least the same as the holiday ie to refuse 1 weeks leave would requirer 1 weeks notice.
    Be Alert..........Britain needs lerts.
  • SarEl
    SarEl Posts: 5,683 Forumite
    paddedjohn wrote: »
    SarEl, AFAIK, the employer only has to give notice of at least the same as the holiday ie to refuse 1 weeks leave would requirer 1 weeks notice.

    No - they are not refusing leave - which is equal to the amount of time booked. In this case they are cancelling leave which has been booked and approved. To cancel approved leave the notice is the same as that required from the employee to book leave - twice the length of time as the leave booked.
  • nomnomnom
    nomnomnom Posts: 229 Forumite
    SarEl wrote: »
    Interesting viewpoint. Wrong, but interesting.

    OP, you need to check your contract. Some say that you cannot take leave during your notice period, and if yours does then you would either have to negotiate or hand in your notice later. In order to cancel your holiday otherwise, the employer would have to give two weeks notice for a weeks holiday - so it would depend when that holiday is in relation to them telling you this.

    To be honest, most employers won't bother and won't do anything. But I honestly could not say it cannot happen because it wouldn't be true. But that would simply mean that if they cancelled it lawfully, they would then have to pay you for the untaken holiday.


    What i meant was the employer cant get out of paying holiday when its accrued, as in your last sentence, if they cancelled the holiday theyd still need to pay.

    i apologise to the original poster for not explaining myself more clearly.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    SarEl wrote: »
    No - they are not refusing leave - which is equal to the amount of time booked. In this case they are cancelling leave which has been booked and approved. To cancel approved leave the notice is the same as that required from the employee to book leave - twice the length of time as the leave booked.


    Can you provide a link to this please as i cant find anything that states 2 weeks for cancelling leave apart from yourself on other sites. Thanks
    Be Alert..........Britain needs lerts.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    SarEl wrote: »
    nomnomnom wrote: »
    No one can take away holiday you have accrued.
    Interesting viewpoint. Wrong, but interesting.
    Uhh???

    It might be irrelevant or inapplicable to OP's question. But for it to be wrong, you really need to explain how it is that an employer can take away holiday that you have accrued.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
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