Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • Geg1992
    • By Geg1992 19th Apr 17, 9:02 PM
    • 3Posts
    • 0Thanks
    Geg1992
    Having holiday booked in notice period
    • #1
    • 19th Apr 17, 9:02 PM
    Having holiday booked in notice period 19th Apr 17 at 9:02 PM
    Home » Forums » Ask a question here
    View Edit
    Having holiday booked in notice period
    Submitted by Geg1992 on Wed, 19/04/2017 - 18:49
    Ask a question here
    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.
Page 1
    • London50
    • By London50 19th Apr 17, 9:24 PM
    • 1,497 Posts
    • 1,411 Thanks
    London50
    • #2
    • 19th Apr 17, 9:24 PM
    • #2
    • 19th Apr 17, 9:24 PM
    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
    • By Geg1992 19th Apr 17, 9:33 PM
    • 3 Posts
    • 0 Thanks
    Geg1992
    • #3
    • 19th Apr 17, 9:33 PM
    • #3
    • 19th Apr 17, 9:33 PM
    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
    • By London50 19th Apr 17, 9:41 PM
    • 1,497 Posts
    • 1,411 Thanks
    London50
    • #4
    • 19th Apr 17, 9:41 PM
    • #4
    • 19th Apr 17, 9:41 PM
    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
    • By Geg1992 19th Apr 17, 9:51 PM
    • 3 Posts
    • 0 Thanks
    Geg1992
    • #5
    • 19th Apr 17, 9:51 PM
    • #5
    • 19th Apr 17, 9:51 PM
    Phew! Thanks for the reassurance! I may just miss the blossom but the weather should be perfect! Thanks very much.
    • paddedjohn
    • By paddedjohn 20th Apr 17, 12:37 AM
    • 7,004 Posts
    • 7,694 Thanks
    paddedjohn
    • #6
    • 20th Apr 17, 12:37 AM
    • #6
    • 20th Apr 17, 12:37 AM
    Will you need references from your present employer?
    Be Alert..........Britain needs lerts.
    • Masomnia
    • By Masomnia 20th Apr 17, 1:02 AM
    • 16,964 Posts
    • 37,404 Thanks
    Masomnia
    • #7
    • 20th Apr 17, 1:02 AM
    • #7
    • 20th Apr 17, 1:02 AM
    It would be very shitty 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.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
    • marlot
    • By marlot 20th Apr 17, 6:43 AM
    • 3,001 Posts
    • 2,148 Thanks
    marlot
    • #8
    • 20th Apr 17, 6:43 AM
    • #8
    • 20th Apr 17, 6:43 AM
    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
    • By marlot 20th Apr 17, 6:44 AM
    • 3,001 Posts
    • 2,148 Thanks
    marlot
    • #9
    • 20th Apr 17, 6:44 AM
    • #9
    • 20th Apr 17, 6:44 AM
    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
    • By marlot 20th Apr 17, 6:47 AM
    • 3,001 Posts
    • 2,148 Thanks
    marlot
    Can they take any legal if I go anyway and will this be put on a criminal record which may harm future employment prospects?
    Originally posted by Geg1992
    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
    • By getmore4less 20th Apr 17, 7:07 AM
    • 29,157 Posts
    • 17,437 Thanks
    getmore4less
    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.
    • Undervalued
    • By Undervalued 20th Apr 17, 10:53 AM
    • 2,936 Posts
    • 2,737 Thanks
    Undervalued
    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.
    Originally posted by marlot
    Exactly. Although fairly rare this can and sometimes does happen.

    However, assuming the OP has had the holiday agreed according to his firm's standard procedures, if the firm exercised their legal right to cancel the holiday by giving the statutory notice he may have a claim against them for any losses he suffers as a result. I say may as it would depend on the wording of the company's holiday booking policy etc.
    • silvercar
    • By silvercar 20th Apr 17, 6:28 PM
    • 35,503 Posts
    • 149,776 Thanks
    silvercar
    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.
    So as long as you don't give notice more than 2 weeks before the holiday you should be fine.
    • getmore4less
    • By getmore4less 20th Apr 17, 7:43 PM
    • 29,157 Posts
    • 17,437 Thanks
    getmore4less
    So as long as you don't give notice more than 2 weeks before the holiday you should be fine.
    Originally posted by silvercar
    They have to check their contract, that can override the statutory notice.
    • geg1992
    • By geg1992 1st May 17, 9:37 AM
    • 13 Posts
    • 2 Thanks
    geg1992
    Many thanks for all of your replies. I've been offered the job and will be handing my notice in tomorrow (10 days before I'm scheduled to depart) I'm so scared as to what he will say. However, I've spoken to my new employer who is willing to wait for me so I'm going to suggest working the full notice but not include my holiday, for example, work 10 days before, take my holiday then work the remaining afterwards? Can they really dispute me doing this? As it surely works better for both parties? I hope that if I put this offer in writing too, then they have nothing against me in court as I'm willing to work the full notice...

    Any other ideas? Many thanks again.
    • Tygermoth
    • By Tygermoth 1st May 17, 12:11 PM
    • 1,257 Posts
    • 2,535 Thanks
    Tygermoth
    Congratulations!

    You can ask - see what they say. I saved up all my leave one year to go on a once in a lifetime holiday. Shortly before i was due to go the company i was working for advised that everyone was potentially being made redundant (potentially was BS it was highly likely as someone else had gotten our contract). It didn't stop managment throwing their toys out of the pram when my notice period was mainly leave. THey refused to allow it and i said i would just go.....

    However the ball was in my court as the MD and HR of the company already said they would only be doing tombstone references and would not make any exceptions



    (jealous BTW i have always wanted to go to japan!)
    Last edited by Tygermoth; 01-05-2017 at 12:13 PM.
    Please note I have a cognitive disability - as such my wording can be a bit off, muddled, misspelt or in some cases i can miss out some words totally...
    • Masomnia
    • By Masomnia 1st May 17, 12:20 PM
    • 16,964 Posts
    • 37,404 Thanks
    Masomnia
    Many thanks for all of your replies. I've been offered the job and will be handing my notice in tomorrow (10 days before I'm scheduled to depart) I'm so scared as to what he will say. However, I've spoken to my new employer who is willing to wait for me so I'm going to suggest working the full notice but not include my holiday, for example, work 10 days before, take my holiday then work the remaining afterwards? Can they really dispute me doing this? As it surely works better for both parties? I hope that if I put this offer in writing too, then they have nothing against me in court as I'm willing to work the full notice...

    Any other ideas? Many thanks again.
    Originally posted by geg1992
    I'd suggest you just give your notice as per your contract. I wouldn't mention the holiday in the letter at all tbh. They should then just deduct whatever you owe in annual leave from your final salary.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
    • London50
    • By London50 1st May 17, 4:07 PM
    • 1,497 Posts
    • 1,411 Thanks
    London50
    So pleased you have got the job good luck for the future {and enjoy Japan}. I agree with above, as you said earlier the money side if they got stroppy you are covered so just move on and enjoy your "new life" :0)
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

436Posts Today

4,876Users online

Martin's Twitter
  • Byebye! I'm about to stop work & twitter, to instead spend glorious time with Mrs & mini MSE. Wishing u a lovely summer. See u in 10 days.

  • WARNING Did you start Uni in or after 2012? The interest's rising to 6.1%; yet it doesnt work like you think. See https://t.co/IQ8f0Vyetu RT

  • RT @JanaBeee: @MartinSLewis Boris is the anomaly (coffee), the others are versions of normal (beer). Lots of same candidates = vote share d?

  • Follow Martin