Holiday during notice period

purpleozzie

Hi,

I handed in my notice on the 4th March and said I was available to work until the 4th April my contractual notice period..

I have also accrued 9 days holiday and 1 day in lieu. They asked me whether I wanted to take this holiday during my notice period. I declined as I wanted the extra money in my pay packet as am about to buy a house and every penny counts..

They have just come back to me and said that they are enforcing a clause in my contract that basically says

"1.1 We may require you to take any or all of your holiday entitlement during any notice period, including a period of Garden Leave.

My question is can they do this because I seem to recall that they need to give me twice the amount of leave in notice ie 18 days notice if they want me to take 9 days off..

Is this correct?

Is there anyway around this?

Uncertain

purpleozzie wrote: »

Hi,

I handed in my notice on the 4th March and said I was available to work until the 4th April my contractual notice period..

I have also accrued 9 days holiday and 1 day in lieu. They asked me whether I wanted to take this holiday during my notice period. I declined as I wanted the extra money in my pay packet as am about to buy a house and every penny counts..

They have just come back to me and said that they are enforcing a clause in my contract that basically says

"1.1 We may require you to take any or all of your holiday entitlement during any notice period, including a period of Garden Leave.

My question is can they do this because I seem to recall that they need to give me twice the amount of leave in notice ie 18 days notice if they want me to take 9 days off..

Is this correct?

Is there anyway around this?

I don't think there is a way round this (for you) I'm afraid.

The reason being that even if the rule you quote "trumps" their requirement for you to take the leave at their discretion they could simply keep giving you two days notice to take a day's leave on alternate days!

Maybe if you mention the rule to them they will simply back down or reach a compromise for the sake of a quiet life.

Horace

The company can ask you to take any accrued holiday during your notice period - remember you get paid for that holiday anyway. Instead of quibbling, I would be inclined to take the holiday.

You have accrued 9 days plus a day in lieu so take them - don't try and get more holiday out of them by muttering about 18 days. Leave on good terms and not bad because you may need a reference from them in the future.

paddedjohn

out of interest, when does your holiday year run from/to?

Uncertain

paddedjohn wrote: »

out of interest, when does your holiday year run from/to?

Can't see how that is in any way relevant in this case

ovoreo

Do you know why your employer doesn't want you to be physically present during your notice period? Maybe you don't have enough work to do once a handover has taken place so feel it would be better for you to be using up your leave?

Rockporkchop

Can you take your holiday at the end of your notice period and start your new job two weeks early? Then you will still gain financially from the accrued holiday.