Resigning with annual leave to avoid gardening leave!

TheKeymeister

Hi, I've been offered a new job and accepted it, agreed a start date of 1st October. I have to give 4 weeks notice for my existing job. I'm currently working on a project (olympics) that involves lots of overtime and other allowances so wanted to see it through, and knowing my manager, he would put me on gardening leave.

I already have annual leave booked from when the project finishes, until 12th October, so I haven't handed in my resignation yet (been on holiday, thought it would be ok, etc)

Now I'm back and it's come to it, can I actually play it like this? Hand in my notice next week when the project finishes, hand back the keys and say goodbye, and be paid until my annual leave runs out?

Also, I've been given a P46 for the new place, if I can run two jobs concurrently like I plan to, which box would I tick on the P46, as technically for about a fortnight it won't be my only job?

Thanks in advance!

Uncertain

It doesn't follow I'm afraid if your current employer wants to be difficult.

With very few limits an employer can control when you take your holiday and that can include cancelling pre-booked leave. Some employment contracts will impose special conditions during notice periods.

Ultimately they either have to let you take your leave or pay you for it after your employment ends. However, if they want to be difficult for some obscure reason then they can.

Obviously they may be perfectly happy with what you are proposing so there may be no problem.

KiKi

TheKeymeister wrote: »

and knowing my manager, he would put me on gardening leave.

Why do you think this is likely? It's expensive for employers.

I already have annual leave booked from when the project finishes, until 12th October, so I haven't handed in my resignation yet (been on holiday, thought it would be ok, etc)

If the project is finishing in September(?), what are you going back to do on 12th October (assuming you didn't have a new job)?

Now I'm back and it's come to it, can I actually play it like this? Hand in my notice next week when the project finishes, hand back the keys and say goodbye, and be paid until my annual leave runs out?

You could, and they might be okay with it, dep on what they had planned for you after October 12th. But they might not. However, to cancel booked leave they would need to give notice, and it sounds like you're taking around 4 weeks off, so it wouldn't be long enough notice for them to cancel.

I still can't work out why gardening leave comes into it, though. If you already have AL booked, they'd have no need to put you on gardening leave. Either way, you're still in their employment.

Also, I've been given a P46 for the new place, if I can run two jobs concurrently like I plan to, which box would I tick on the P46, as technically for about a fortnight it won't be my only job?

Thanks in advance!

Strictly speaking, unless your contract allows, you shouldn't be working another job whilst on AL with your current job, as you are still their employee. Much better that you have an end date of 30 September, and get paid any outstanding AL, than not at all.

Also, will you have enough AL to use if you leave earlier than planned?

Strictly speaking, you should tick the second job box. However, I suspect that would create more havoc with HMRC than necessary, as they would apply a second job tax code to your new job. For simplicity's sake, I'd tick 'only job' as your final pay date and salary from your current company would probably be the same whether you had the two week overlap or not.

KiKi

TheKeymeister

Suppose I should have included a bit of background instead of being so vague!

I work for a large company and have done for the past 6 years, my current manager has been causing me trouble for the past two years, blocking my attempts to take other jobs within the company and other stuff (I won't go into detail but it amounts to bullying)

Involving the union has been pointless (nobody wants to do anything other than a quiet word in his ear), going the next step up has got nowhere (one or two meetings and then heard nothing), and my request to start a grievance was ignored and swept under the carpet.

About 6 months ago I was offered a chance to work on the Olympic project ending in September (still on the books of the same 'problem' manager, but completing work for another part of the business - strange setup). This caused further tension as the decision for me to go was made well above his head, so he couldn't stop me.

After experiencing the joys of working for a more reasonable manager, I decided I couldn't go back to my old job after the project finished and got offered another job in a different industry and accepted it.

My annual leave starts as soon as the project ends (19th September) and ends on 13th October and has been booked since February ish. As said its too late for them to cancel it.

Either way I will hand my notice in tomorrow morning and not give a proposed end date. I'll ask to be let go on the 30th september (or potentially 19th september) and the rest of my leave paid back, if not then by the sounds of it the worst they can do is make me "work" my notice in annual leave, which by the sounds of it could cause problems with HMRC but that's it.

Thanks for all the help!

TheKeymeister

Forgot to add - my leave year started 1st April and I carried a week from last year. Haven't used a single day so far (due to restrictions!) - second reason for delayed resignation is that I have more leave left than the statutory minimum so would probably 'lose' it when paid out

KiKi

I still can't work out why he'd put you on gardening leave. It's usually reserved for very senior managers when a compromise agreement may be imminent, or there were significant issues with that manager and the company doesn't want them at work whilst they're 'working' their notice - or sometimes someone in a highly specialised role where an organisation doesn't want the competition taking them.

It's not something that managers do just to !!!! off their staff - they are paying you a full salary, tax, NI, pension, accruing AL, benefits etc. You are still in their employment. It would usually be for the period of your notice anyway, so in this case AL would override that.

So on that front I think you're worrying about nothing!

Congratulations on your new job.
KiKi