Adivice ON HAnding in notice

OddjobKIA

I have been working for a this company for 5 months I know the statutory amount of notice is one week but in the contract of employment I have to give one months notice Does this still apply as it states that the first 6 months is a probationary period I have 5 days holiday owing to me and it also states that bank holidays are extra Am I allowed to accumulate those as well

hjb123

I would have thought that you should really give the notice as required in your contract - unless your boss agrees to let you go sooner. Are you wanting to give less notice for a particular reason - ie starting another job?

With your 5 days holiday you should still be entitled to these - whether you take it in pay or finish 5 days sooner?

With the bank holidays - did you work on them? Does it not mean that you dont work on bank holidays and you dont have to use a days holiday for it?

You may be best speaking to someone at ACAS or the Citizens Advice Bureau to see what they advise you to do and what you are entitled to.

delorean_2

I'm in a pickle over handing in my notice too.

In October i'm moving to Canada, but I haven't told work this as if it falls through (which it won't, but you never know what life may throw at you next) then i'd be up !!!! creek without a paddle!

I'll have been at my present company for 2 years on November 1st this year. I am giving more than enough notice in a couple of weeks time, in the 2nd or 3rd week of September to ask to leave on Friday 27th October.

Is this fair? What about paid holiday? I have some holiday left and haven't used it all. Our company holiday cycle runs from 1/1 to 31/12 every year.

I'm also a bit wary of how to approach the situation as I want to leave on a good note, also I want to keep it confidential from my colleagues and would rather my boss informed them at a time suitable to my boss so it stops office chatter etc if you catch my drift!

What do you think?

hjb123

You are being very fair handing in your notice earlier than required - it then gives them time to recruit another member of staff to fill your post!

Paid holiday should still be paid - it may be worth speaking to ACAS or the CAB

delorean_2

That was my main thought, give plenty of notice so they can find someone else and also so I don't look bad so to speak.

How can I claim paid holiday though? Does it work that way? My primary concern was that if I left I may have to pay THEM for holiday? Can this happen at all? Something about the every 13 weeks rule or something?

To be honest if it's me claiming paid holiday off them, for the sake of the few days I have left I don't think i'll bother, rather just leave on a good note and everybody is happy that way. Not worth it for the sake of a couple of quid I think...

msmicawber

I'm very cautious, so would give the contractual amount of notice rather than the legal amount, in case I ever need a reference from them.

There should be blurb about the paid holiday in your contract, but I would ask the questions your resignation letter - something like 'please advise whether my accrued holiday pay will be included in my final month's salary, or paid separately'.

delorean_2

For some reason I was never given a contract when I started. I've not signed a contract, which is nice.

hjb123

Why should you pay them for holiday? They should pay you if you have some holidays not taken. This is from the ACAS site:

Is there an entitlement to accrued holiday pay for leave untaken on termination of employment?

Yes. No matter how short the period of employment, the worker has the right to be paid for leave accrued during that time. Under section 1 of the Employment Rights Act 1996 employers should include in a written statement of employment particulars, sufficient detail to enable the precise calculation of a worker's entitlement to accrued holiday pay on termination of employment.

Accrued holiday on termination need not to be rounded to the nearest half day - payment can be made for the exact amount of leave accrued

.

http://www.acas.org.uk/index.aspx?articleid=806

Astaroth

I believe they are saying that if they have taken more holiday than they have earned... eg if I had worked 1/2 the year but taken the full years entitlement of holiday.

In all the places I have worked they have followed what I believe to be the rules... if they owe you holiday you get it in your final pay cheque, if you owe them holiday they deduct it from the final pay and it all happened "automatically" (sure the people in HR didnt think it was automatic) and so wasnt something that you had to "claim"

delorean_2

That's the bit I don't get. How do I work out if I owe them money??


p.s: sorry for hijacking this thread oddjob!

Savvy_Sue

delorean wrote:

That's the bit I don't get. How do I work out if I owe them money??

If your leave year runs from 1/1 to 31/12

and you are leaving on 30/9 (to keep the Maths simple)

then you are entitled to 3/4 of your year's holiday.

If your year's holiday is 20 days PLUS bank holidays

and you have taken 20 days BEFORE 30/9

then you 'owe' them a week's holiday.

Does that help?