handing in notice of resignation but holidays booked

CFC

'Legality' is nothing to do with handing in your notice under any circumstances, unless you are a specific type of employee such as in the armed forces. If you gave no notice whatsoever and just walked out, you're free to do this. Your reference would mention it and it would be the kiss of death on your future, of course.

If you give less than your contractual notice period, then your employer could presumably take you to the small claims court and seek back any expenses that they've had to cover due to your absence. This would be under a 'breach of contract' action. No employer ever, anywhere, is going to do this.

The idea that you should 'work your notice' is correct, that's what a notice period is, however while you are on holiday you are in fact still working for the company, if you understand me. Therefore it's irrelevant whether you hand your notice in during your holiday or when you are actually attending work. The only thing to remember is that employers prefer employees who come and tell them in person while handing in their letter, and so to keep relations sweet, do that if you can.

withabix

I handed my notice in with my current employer at the end of September.

I had 14 days outstanding holiday entitlement, hence I finished work on 11th October, went to Canada for 2 weeks (long-standing previously booked holiday) and start my new job next Wednesday.

Employers CAN choose to pay you for your outstanding holiday entitlement as many do, rather than let you take the holidays however. It depends what your terms & conditions state.