Notice period and holiday

NoKidsAllowed

Bit of a conundrum.

In the near future I will be giving notice fir my job. However withn the 4 weeks notice period I am on holiday for 2. I actually have a 4 figure holiday booked.

What are the legalities that I am still entitled to the holiday.

Holiday was booked last year.

Don't want to be giving my notice in if the boss is going to try and cancel it saying co. Will pay it out which could be likely.

SarEl

It depends on a number of things. The first of these is whether you are allowed to take holiday in your notice period. This is contractual - but remember that your contract is not just the letter you got when appointed. It includes company policy and any normal practice. Some companies do not allow leave to be taken during the notice period.

Secondly, technically, no matter whether you have booked the holiday and had it approved, an employer can cancel the agreement provided that they (a) give the required notice - usually a couple of weeks and (b) can show a busness reason for doing so. They could claim this latter as a result of your leaving and there being insufficient time left for you to complete tasks or handover. But this is very unusual, so it isn't too likely.

Thirdly, do you actually have two weeks of leave to take? If you haven't accrued two weeks leave, then again, they can refuse to allow you to take more, and certainly won't pay you for the whole holiday period if you don't have two weeks worth to take.

How you play this depends on all these factors - plus how well you get on with them. Most companies aren't too bothered about these things, but they may be sticklers for the rules, or they may simply want to put a spoke in your wheels! So it's probably best to figure that out first - are they likely to have reasons for putting barriers in your way? If so, best hand in your notice after you have taken the holiday - or leave before it and have the holiday after you leave and before the new job starts.

NoKidsAllowed

Well leaving before holiday will not be an option. Timeconstraints won't allow it.

They may try put a spanner in the works.

Just feel really confused.

Unpaid ain't a problem expecting a day unpaid as I have 9 days acrued.

So will be 1 day put. Better than 4k though

think it is a case of stick notice in and worry about it then.

New co. Won't wait 3 more weeks.

Although think I will ask them just incase. They have practically head hunted me but don't want to p them off as it is opportunity of a lifetime for me.

DVardysShadow

Employer cannot give counter notice shorter than the holiday itself. So if notice is given less than a fortnight before the holiday, they cannot cancel it.

SarEl

True - but it wasn't clear in the original post what the time periods involved are. But if the new employer wants the OP to start soon then they don't have much choice other than to put it to the current employer. Frankly, most don't get upset about such things enough to be awkward, but there is only one way to find out I'm afraid.