Question re work notice

jazzajojo

Hi everyone

I have a friend who's very unhappy in her job and she has just texted me asking if she walked out on her job would they pay her for holiday she has got left?

I haven't got the foggiest, and have tried looking online but I can't really find anything thats helpful.

I was just wondering if any of you good people on here knew anything about your rights if you walk out on a job? I'm not condoning her doing it before anyone starts berating :A

Any advice anyone could give would be really helpful!

Thanks guys
Jo

MrsManda

You can find information about resigning on the direct.gov.uk website HERE

Under how to resign from your job it states:

Give your employer the right amount of notice. By law, you must give one week's notice if you have worked for your employer for a month or more. Your contract may demand longer.
Remember that:

• your resignation can't be taken back, unless your contract allows it, or your employer agrees
• you will get your final pay on your normal pay day unless your contract says differently - you don't have the right to ask for it any earlier
• as long as you have given notice in accordance with the terms of your contract, your employer must accept your resignation

In terms of holiday, normally you'd get paid the holiday you haven't taken. However if she doesn't work her contracted notice there's a possibility that they will take the holiday she hasn't taken as her notice period. I'm not sure on the legalities but it'd seem only fair as if the employer doesn't give the employee the proper notice that their contract is going to end the employee is entitled to Payment In Lieu of Notice.

On other thing which she should be aware of is if she voluntarily leaves her job without good reason she may be unable to claim JSA for 26 weeks.

jazzajojo

Thanks MrsManda, I'll go and have a little nosey at that website you linked. Thanks for your help!

Vader123

jazzajojo wrote: »

Hi everyone

I have a friend who's very unhappy in her job and she has just texted me asking if she walked out on her job would they pay her for holiday she has got left?

The basic rule is that if she does not fulfill her contractual obligations (like notice period) then the employer does not have to do their obligations (like holiday pay).

she will also get sanctioned for benefits.

Vader

jazzajojo

Thanks Vader, thats really helpful!

andy208833

When i left my last job one month into the new holiday year having just had 6 days off the company re-worked what holiday i was entitled to for the month i was there (2 days) then deducted from my final pay packet the 4 days i had taken over that allowance.

Mine was 25 days annual holiday/12 month = 2 days per month (or 2pt something)

Hope that makes sense?

ellabella1

Can anyone help me please? I am not very well and my doctor wants to sign me off sick. I have decided to take his advice and then I think I will resign because the job is the cause of my ill health. I have 19 days holiday due to me and I have to give a months notice. Can my employer make me take my holiday as part of my notice as I know they have done this in the past?

Googlewhacker

unless your notice is given whilst of sick then it can become an arrangement between you and the employer. They could force you to take some as long as the notice they give you is the correct (ie if they want you to use 1 days holiday they have to give 2 days notice)

Uncertain

Vader123 wrote: »

The basic rule is that if she does not fulfill her contractual obligations (like notice period) then the employer does not have to do their obligations (like holiday pay).

she will also get sanctioned for benefits.

Vader

No, this is largely wrong.

The firm must pay her for all time worked AND accrued statutory holiday.

They MAY be able to withhold any holiday OVER and ABOVE the statutory minimum (28 days per year pro rata).

However, they could in theory at least, sue her for any losses they suffer as a result of her failing to honour her contract.

For this reason some firms get away with behaving as Vader suggests but this does not make it legal.

Finally, walking out (as opposed to giving notice) makes not difference to benefit entitlement. They could be sanctioned either way.

Uncertain

ellabella1 wrote: »

Can anyone help me please? I am not very well and my doctor wants to sign me off sick. I have decided to take his advice and then I think I will resign because the job is the cause of my ill health. I have 19 days holiday due to me and I have to give a months notice. Can my employer make me take my holiday as part of my notice as I know they have done this in the past?

Not if you are off sick for your notice period.

Holiday continues to accrue all the time you are off sick.

It is not normally in your best financial interest to resign unless you have another job to go to. Hard as it may seem it is normally far better to sit tight and let the firm make any moves.

This is particularly true if your get company sick pay. Even if you don't you get SSP plus, as I mentioned, you accrue holiday which effectively means you get paid for just over one day every two weeks.

Take proper advice before resigning.