Changing Employment - Notice Period and Holiday Questions

Donandar

Hi guys,

Sorry if this isn't the correct place to post but I've exhausted a few options and wanted some advice or opinions. To be honest, I'm probably worrying over nothing but I'd just like to calm the nerves! I'll try and bullet point and cut straight to the chase...

• I'm currently employed with a 1 month notice period.
  
• I'm in the final stages of possibly having another job offer from another company, but this could be a week or two yet before the offer is made.
  
• I have a holiday booked and paid for between the dates of 11th - 26th October
  
• My leave runs from Jan - Dec with my current firm and I currently have 17 days annual leave to take between now and December
  
• My holiday in October will therefore take up 12 days of annual leave, leaving 5 days remaining

What I'm trying to establish is exactly where I stand with handing in my notice and the holiday potentially landing inside the notice period. It's not that it's complex to understand that I get paid for any days accrued that I'm owed, but just as to what they can and can't do.

I was originally hoping to have the offer this week, but it looks unlikely due to absence a the new firm that means I'm waiting for a final interview. That would have meant I could have had my notice in by September 11th, worked my full 1 month notice, go on holiday on October 11th and start at the new firm on w/c 29th October.

There is a chance this still may happen and I'll hand my notice in before that September 11th date, but let's say the process gets dragged out and I don't hand my notice in till middle-end of September, meaning I only work 2-3 weeks of my notice. I take it with the amount of leave I have accrued for the remaining months of the year and the fact it is officially booked through my employer and paid for, means they can't try and retract my holiday and force me to work? And equally, that holiday period counts towards my notice and I wouldn't have to work any more notice after getting back from my holiday?

I've probably got the right idea and I've nothing to worry about - I just have this horrible thought in my mind that I'll give them 2 weeks notice before my holiday and they'll come down on me hammer and tong and ruin what is meant to be a very important getaway for my partner and I... I know it's not ideal and leaves them a bit in the lurch, but there are 2 other guys who do the same role as me and also a student who is temping for the next 6 months, so I can't see there being an issue with staffing - I'm not in a specialist role where there is only one of me (graphic designer)

Cheers all!

paddedjohn

If you hand your notice in they may be glad to get rid of you early and take your hols as part or your notice period or alternavily they could if they wanted to be awkward cancel your hols and make you work your full notice (as long as the give notice of cancelling equal to the length of holiday).

Torry_Quine

Did you tell the prospective employer about the holiday as they may not be happy that you won't be free for another fortnight?

hcb42

they might not be too happy, but most employers would be reasonable, I would hope!

jobbingmusician

I suspect an error with your original calculation, as well. You have stated that you have 17 days' leave to take before (presumably the end of) December. But you won't have accrued this much leave until you actually work until the end of December, will you? If you left at the end of September, for example, you would only have 'earned' 3/4 of your full year's leave.

Donandar

Well it's not an error as such - that's what I'm trying to work out and where the confusion lies for me.

My employer knows of my holiday in October and this is already agreed / signed off on our HR system. Sorry I didn't make that clear.

What's confusing me is say I hand my notice in mid September and 1 week of my notice runs into my holiday, then what I'm getting at is that of the 17 days left I have of holiday for the rest of 2012, I might only be using 5-7 days of the annual leave.

I guess what I'm trying to find out is if this is simply something my employer would have to honour in terms of the holiday and accept as part of my notice period? To be fair I'm on good terms with my employer and would think it won't be an issue.

Naturally I'd ask my HR department but i dont want to until I have accepted anything and it may be I get an offer in the next 2 weeks and none of this is relevant anyway!

KiKi

Donandar wrote: »

I guess what I'm trying to find out is if this is simply something my employer would have to honour in terms of the holiday and accept as part of my notice period? To be fair I'm on good terms with my employer and would think it won't be an issue.

Naturally I'd ask my HR department but i dont want to until I have accepted anything and it may be I get an offer in the next 2 weeks and none of this is relevant anyway!

Legally, they can cancel booked leave, so long as you get your full entitlement for the year. They have to give you notice which is twice as long as the leave itself. So if you have two weeks off, they have to give you four weeks' notice of cancellation / withdrawal of your agreement to take time off.

Depending on your relationship with them, they may, of course, be rather annoyed, and ask you to do additional time once you return from leave.

HTH
KiKi

getmore4less

I think you need to seperate the bits.

Holiday accrue so you will get some of the annual holiday if you leave before end of the holiday year(also include BH in the prorata).

Any unused/overused holiday is paid/refunded on leaving.

Any contractual policy for holiday is notice period may overide the standard holiday rules.


holiday approved can be withdrawn with the correct notice(twice the holiday).

becarefull if your end of notice overlaps the 2weeks holiday you technicaly might only be taking one week so reduced notice will be required to withdraw.


You need to wait for an unconditioanl offer so even when this final stage is done there may be further conditions like references.


If you work back from 26th oct 43/52 of annual holiday.

Taken so far + 12 days leave from the total.

Notice on 26th sept give the employer no time to withdraw holiday unless a contractul term.

to make the 10th the last day and have all the holiday fter notice resign on the 10th sept

Resigning any time between the 2 dates does not change the first date available to the new employer or the amount you get paid, so why not just plan to notice 26th sept and that way ypu get a bit more holiday acrued,

Earliest start date is Mon 29th Oct.