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  • FIRST POST
    • Jharpin7
    • By Jharpin7 14th Oct 16, 5:55 AM
    • 6Posts
    • 0Thanks
    Jharpin7
    Notice Period/Annual Leave
    • #1
    • 14th Oct 16, 5:55 AM
    Notice Period/Annual Leave 14th Oct 16 at 5:55 AM
    Today i have been offered a new job which i believe i am going to take, i have spoken with my current employer and they informed me my notice period is 4 weeks, i would like to leave on the last day of a month as that means i will receive a full months pay when leaving. I believe the best thing to do is have my leaving day on the 30th November however in November from the 18th i do have annual leave that is approved until the 30th November this meaning my last shift will be the 18th November. Is this OK to do still and should i wait until the 1st November before handing my notice in as if i was too do it today could they end my employment 4 weeks from today? What is best to do. I would like to work until the 18th November then take the last two weeks of my notice through the annual leave that i have approved and when do you think is best to hand my notice in in order to do this.
Page 1
    • General Grant
    • By General Grant 14th Oct 16, 6:39 AM
    • 528 Posts
    • 545 Thanks
    General Grant
    • #2
    • 14th Oct 16, 6:39 AM
    • #2
    • 14th Oct 16, 6:39 AM
    If your contract does require you to give four weeks notice rather than one month then, to have 30 November as your last day of being an employee, you would need to hand in your notice on 2 November.

    Whether your employer could give you counter notice to leave earlier than 30 November depends on how long you have worked for them and what your contract says about notice due from them.

    Notice periods do not have to be equal from both sides and you need to look at your written particulars of employment. You seem to be relying on what your employer says rather than your looking at what they have already given you in writing.

    So,
    How long have you been employed by them?
    Do you have your written particulars of employment?
    • Jharpin7
    • By Jharpin7 14th Oct 16, 7:01 AM
    • 6 Posts
    • 0 Thanks
    Jharpin7
    • #3
    • 14th Oct 16, 7:01 AM
    • #3
    • 14th Oct 16, 7:01 AM
    I have worked for the company for 8 years and i'm unaware of the written particulars of employment, i'm wanting to finish the month of November as i do have annual leave approved also so my last shift would be the 18th November and then annual leave would commence until the 1st December, is this standard and can i do that
    • sangie595
    • By sangie595 14th Oct 16, 7:40 AM
    • 2,735 Posts
    • 4,278 Thanks
    sangie595
    • #4
    • 14th Oct 16, 7:40 AM
    • #4
    • 14th Oct 16, 7:40 AM

    Whether your employer could give you counter notice to leave earlier than 30 November depends on how long you have worked for them and what your contract says about notice due from them.?
    Originally posted by General Grant
    No it doesn't. There is no such thing as counter-notice from an employer. Counter notice relates to an employee, and specifically to redundancy and no other situation. If the employer terminates the contract earlier than the date given by the employee, that is dismissal, and is subject to all the legislation surrounding unfair dismissal. "My employee resigned" is not a fair reason for dismissal!
    • SandC
    • By SandC 14th Oct 16, 9:02 AM
    • 3,731 Posts
    • 5,542 Thanks
    SandC
    • #5
    • 14th Oct 16, 9:02 AM
    • #5
    • 14th Oct 16, 9:02 AM
    I've done this before, just bear in mind that your year's holiday entitlement, when you leave the company, will be calculated pro rata and they will calculate your final pay based on this - either paying you any that is owed, or deducted any that you have gone over. You accrue the leave month by month. Just something to remember but they will confirm this when you hand your notice in.

    As others have said, if your notice period is one month, hand it in on last day of October. Nothing wrong with handing it in early just make sure you're clear on the dates and remind them of approved holiday.
    • paddedjohn
    • By paddedjohn 14th Oct 16, 9:04 AM
    • 6,872 Posts
    • 7,575 Thanks
    paddedjohn
    • #6
    • 14th Oct 16, 9:04 AM
    • #6
    • 14th Oct 16, 9:04 AM
    They could cancel your holiday (doubtful but possible) and make you work right up to the final day if they wished but they would still have to pay you for the time in your final wage.
    Be Alert..........Britain needs lerts.
    • paddedjohn
    • By paddedjohn 14th Oct 16, 9:06 AM
    • 6,872 Posts
    • 7,575 Thanks
    paddedjohn
    • #7
    • 14th Oct 16, 9:06 AM
    • #7
    • 14th Oct 16, 9:06 AM
    I've done this before, just bear in mind that your year's holiday entitlement, when you leave the company, will be calculated pro rata and they will calculate your final pay based on this - either paying you any that is owed, or deducted any that you have gone over. You accrue the leave month by month. Just something to remember but they will confirm this when you hand your notice in.

    As others have said, if your notice period is one month, hand it in on last day of October. Nothing wrong with handing it in early just make sure you're clear on the dates and remind them of approved holiday.
    Originally posted by SandC
    You accrue holiday for every hour/day you work not just on months
    Be Alert..........Britain needs lerts.
    • SandC
    • By SandC 14th Oct 16, 9:14 AM
    • 3,731 Posts
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    SandC
    • #8
    • 14th Oct 16, 9:14 AM
    • #8
    • 14th Oct 16, 9:14 AM
    Yep, sorry just thinking in terms of salaried non-shift type working which of course wasn't confirmed by OP.
    :-)
    • sangie595
    • By sangie595 14th Oct 16, 10:03 AM
    • 2,735 Posts
    • 4,278 Thanks
    sangie595
    • #9
    • 14th Oct 16, 10:03 AM
    • #9
    • 14th Oct 16, 10:03 AM
    Yep, sorry just thinking in terms of salaried non-shift type working which of course wasn't confirmed by OP.
    :-)
    Originally posted by SandC
    Sorry, you accrue by the hour/ day whatever your salary type. Some employers might claim otherwise. They are wrong.
    • SandC
    • By SandC 14th Oct 16, 10:36 AM
    • 3,731 Posts
    • 5,542 Thanks
    SandC
    Okay, I'll consider myself told. :-) I just work mine out as 2.5 days per month (30) then stats on top, which is my particular entitlement. Gives you an idea is all.
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