Having holiday booked in notice period

geg1992 · 19 April 2017 at 9:02PM

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Having holiday booked in notice period
Submitted by Geg1992 on Wed, 19/04/2017 - 18:49
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Hi all,

I'm wondering if anyone would be able to help. I am currently booked to go to Japan in the middle of May. I will be potentially offered a new job on Monday which I cannot refuse as it's shorter hours and much better outlook as it's one of the best companies in the industry for staff development.

Now, the problem is that I'll have to give 5 weeks notice. My holiday which I have had booked for 7 months is in this 5 weeks. I have 3 days holiday accrued left, but the other 7/8 I have not accrued yet. The holiday is 2 weeks total. I know my boss will do everything he can to ensure I am here for those 5 weeks.

Am I still able to go on my holiday or will I have to cancel? can they legally stop me going as it's in my notice period? or do they have to honour it and just have it as unpaid holiday? Can they take any legal if I go anyway and will this be put on a criminal record which may harm future employment prospects?

Many thanks for any help provided.

London50 · 19 April 2017 at 9:24PM

It is NOT a criminal act to take extra time off work for any reason so forget about that. The worse I can see is that even after handing in your notice if you take the holiday your money for {at least part of your notice time} will be stopped, yet if you are leaving and can cover any loss why worry.
As you say you COULD be offered the new job so I would wait and see if it happens then {and I hope it does for you} hand in your notice, work what time you have before your booked {and I take it agreed holiday dates}then enjoy Japan before starting your new job.
Good luck :0)

geg1992 · 19 April 2017 at 9:33PM

Many thanks for your reply! Yeah I'm fine for it being unpaid, just wanted to make sure they couldn't take legal action against me. It's all agreed but I haven't accrued all of the holiday which is what concerns me. I wondered if I HAVE to work the full 5 weeks. Many thanks again.

London50 · 19 April 2017 at 9:41PM

No as I said the worst would be stopping the money. They may try to force you to work the notice but in the end if you walk away there is little other than stopping money they can do :0)
Enjoy Japan in May {I believe that is when the tree blossom is at its best}

geg1992 · 19 April 2017 at 9:51PM

Phew! Thanks for the reassurance! I may just miss the blossom but the weather should be perfect! Thanks very much.

paddedjohn · 20 April 2017 at 12:37AM

Will you need references from your present employer?

Masomnia · 20 April 2017 at 1:02AM

It would be very !!!!!! of them to say that you can no longer have the time as annual leave, but as long as they give you two week's notice of rescinding the leave it's legal.

At that point it's up to you whether you just go AWOL.

My advice is if you are offered the job then speak to your manager about working up to the date you would leave, say you'll do a full handover etc. and can they be flexible about you working the full notice, as you've booked the leave and it would work out as almost all being unpaid anyway.

If you handed your notice in Tuesday, say, which would count from Wednesday what would that make your leaving date and when would you return from Japan? It might help you work out how to proceed.

marlot · 20 April 2017 at 6:43AM

A friend worked for a company who routinely refused to pay the last month when someone handed in their notice. Several other ex-employees had to sue before the company paid up.

He therefore decided to hand in his notice and leave on payday.

He was successfully sued for the cost of hiring a contractor to cover his booked work.

marlot · 20 April 2017 at 6:44AM

Can you not resign when you return from holiday? It will probably take your new employer a little while to get your contract to you [and NEVER resign until you have the contract in your hand].

marlot · 20 April 2017 at 6:47AM

Geg1992 wrote: »

Can they take any legal if I go anyway and will this be put on a criminal record which may harm future employment prospects?

They can go legal, as I've illustrated above, but you wouldn't get a criminal record. Indeed, there is nothing on your credit file as long as you pay the amount the court dictakes (if it ever gets that far)

getmore4less · 20 April 2017 at 7:07AM

You need to check your contact and any holiday policies.

There is statutory law on the notice to request/take holiday and the notice to not take holidays.

This can be overridden by contractual term like NO holiday in the notice period or All holiday to be used in the holiday period that's why you need to check carefully

The statutory notice to not take holiday is the same as the holiday, in your case for two weeks holiday that will be 2 weeks before it is due to start.

when in the 5 weeks is the two weeks?

presumably as you know this 2 weeks of was coming up you have been planning your workload to accommodate that and as you also new you would like to leave have been planning the handover strategy as well.

if you do get the job one strategy could be to delay the start and hand you notice in the day you go on holiday, you have 3 weeks to do handover etc. when you come back.

Having holiday booked in notice period

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