Resigned - Employer Now Refusing To Allow Me To Take Any Leave Due

November5th

I resigned today with one month's notice (for another job) and my employer is now refusing to allow me to take any of the leave I am entitled to (a week).
Is this legal? There is no statement in my contract in regards to this.

scheming_gypsy

They can refuse leave even if you haven't handed your notice in if it's going to affect the company, but they'll pay you for the week in your final pay packet.

Jarndyce

November5th wrote: »

I resigned today with one month's notice (for another job) and my employer is now refusing to allow me to take any of the leave I am entitled to (a week).
Is this legal? There is no statement in my contract in regards to this.

Are you talking about leave you have 'earned', ie accrued in this leave year so far? If so then yes they are entitled to refuse you leave for business reasons. But if they don't let you take it they will have to pay you for it when you leave.

zzzLazyDaisy

Yes the employer can refuse leave. There are notice requirements both for requesting and refusing leave see here for more details

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711

The employer must pay you for all untaken holidays due to you in your final salary payment.

November5th

What can happen if I leave a week earlier than they would like?

magenta22

Have they got someone else to do your role? Do you have to provide a handover to them?

Jarndyce

November5th wrote: »

What can happen if I leave a week earlier than they would like?

They can sue you for breach of contract, in theory anyway.

magenta22 wrote: »

Have they got someone else to do your role? Do you have to provide a handover to them?

What difference does that make?

mancitychick

November5th wrote: »

What can happen if I leave a week earlier than they would like?

That can make things awkward when it comes to giving you a reference for starters.

November5th

What can they get out of me for breach of contract?

The person who will take my role has been on Maternity leave - there is no valid reason for a full handover. (I was not maternity cover though).
She is fully trained in the systems an my own projects will be completed by the end of next week.

paddyrg

Probably you would just annoy some people, unlikely to go further unless you're a key executive or something!

Alternatively, ask if you can buy out your last week/month so you can start your new job.

magenta22

Jarndyce wrote: »

What difference does that make?

Were they refusing because they need the OP to show them what needs to be done - I would have thought that was obvious!