Resignation & holiday entitlement

lazylabs

Hi All,

I'm due to resign from my current position as I have secured a new job. I am just in the process of writing my resignation letter and I wanted to know if I should set my leaving date taking into account what annual leave I am entitled to or do I let HR work that out?

I only started the job at end of October 2013 and i'm on 2 weeks notice. I was given 89 hours when I started the position (A/L runs from April to March). I work 12 hour shifts so costs me 10.5 hours per day off.

I believe the entitlement is calculated on full months worked, now does that mean full months 1st to 31st or from my start date of 21st to 21st of the next month?

Either way I believe I have worked 2 complete months with means I am entitled to 3 days annual leave? I have taken one day off already so that means I have 2 left, so should my finishing date in my resignation letter take into account the 2 days holiday and I can then say my last day at work is my notice period of 2 weeks minus the 2 days?

Any help would be great.

Regards
Al

getmore4less

they may want you to work the full notice and pay the holiday.


Statutory holidays accrue continously not on full months.

did you get paid for the BH over Xmas/NY?

How many days a week do you work? are all the shifts the same?

when did you start when will you finish?

eg. if you started 28th oct and finish 17jan that will be 12 weeks
12/52*5.6= 1.3 weeks holiday will have accrued.

anamenottaken

lazylabs wrote: »

Hi All,

I'm due to resign from my current position as I have secured a new job. I am just in the process of writing my resignation letter and I wanted to know if I should set my leaving date taking into account what annual leave I am entitled to or do I let HR work that out?

I only started the job at end of October 2013 and i'm on 2 weeks notice. I was given 89 hours when I started the position (A/L runs from April to March). I work 12 hour shifts so costs me 10.5 hours per day off.

I believe the entitlement is calculated on full months worked, now does that mean full months 1st to 31st or from my start date of 21st to 21st of the next month?

Either way I believe I have worked 2 complete months with means I am entitled to 3 days annual leave? I have taken one day off already so that means I have 2 left, so should my finishing date in my resignation letter take into account the 2 days holiday and I can then say my last day at work is my notice period of 2 weeks minus the 2 days?

Any help would be great.

Regards
Al

Give them two weeks’ notice, stating what your last date of employment will be. For example, if you hand in your notice at any time on Monday, 6 January, your last day of employment would be Monday, 20 January.

Your employer may insist you take your accrued holiday (accrued that is up to the end of 20 January in this example) during your notice period. They do not however have to agree to any holiday request you make if they don't want you to be absent so you could not insist on taking holiday during those two weeks. If you want to take holiday then you can say so. If you don't have specific plans and would prefer to have the money, they would have to pay for outstanding holidays when you left in any event.

Do the 89 hours you were "given" when you started apply to the whole period from whatever date it was in October to 31 March? If so, you would not have accrued that much time if you left in mid-January. Given that your leave has been notified to you as hours rather than days, it suggests that you may have irregular attendance patterns. Your suggestion that a day’s leave costs you 10.5 hours when your shifts are 12 hours implies that 1.5 hours of those shifts are overtime or that you have unpaid breaks amounting to 1.5 hours each shift.

Your staff handbook or other written particulars should say how holiday is calculated. If the employer says it is only accrued on full months, they will mean calendar months. (I say that with 99.999999999% certainty. However, they cannot use that method if they pay only the statutory holiday entitlement. They can apply whatever rules they like to any holiday in excess of the statutory amount.

lazylabs

getmore4less wrote: »

they may want you to work the full notice and pay the holiday.


Statutory holidays accrue continously not on full months.

did you get paid for the BH over Xmas/NY?

How many days a week do you work? are all the shifts the same?

when did you start when will you finish?

eg. if you started 28th oct and finish 17jan that will be 12 weeks
12/52*5.6= 1.3 weeks holiday will have accrued.

Hi I work 4 days on 4 days off. 12 hour shifts. With 1.5 break. It's a 24/7 job.

Started on 23rd October 2013. Hoping to finish on 19th Jan.

lazylabs

anamenottaken wrote: »

Give them two weeks’ notice, stating what your last date of employment will be. For example, if you hand in your notice at any time on Monday, 6 January, your last day of employment would be Monday, 20 January.

Your employer may insist you take your accrued holiday (accrued that is up to the end of 20 January in this example) during your notice period. They do not however have to agree to any holiday request you make if they don't want you to be absent so you could not insist on taking holiday during those two weeks. If you want to take holiday then you can say so. If you don't have specific plans and would prefer to have the money, they would have to pay for outstanding holidays when you left in any event.

Do the 89 hours you were "given" when you started apply to the whole period from whatever date it was in October to 31 March? If so, you would not have accrued that much time if you left in mid-January. Given that your leave has been notified to you as hours rather than days, it suggests that you may have irregular attendance patterns. Your suggestion that a day’s leave costs you 10.5 hours when your shifts are 12 hours implies that 1.5 hours of those shifts are overtime or that you have unpaid breaks amounting to 1.5 hours each shift.

Your staff handbook or other written particulars should say how holiday is calculated. If the employer says it is only accrued on full months, they will mean calendar months. (I say that with 99.999999999% certainty. However, they cannot use that method if they pay only the statutory holiday entitlement. They can apply whatever rules they like to any holiday in excess of the statutory amount.

The 89 hours were for the period from 23rd Oct 2013 until end of March. It's costs me 10.5 hours for a day off. The 1.5 hours are unpaid break.

I worked out 3 days entitlement using my full allowance and having only worked 2 complete months.

2 / 12 × 201= 33.5 hours entitlement earned in 2 months work?

getmore4less

lazylabs wrote: »

Hi I work 4 days on 4 days off. 12 hour shifts. With 1.5 break. It's a 24/7 job.

Started on 23rd October 2013. Hoping to finish on 19th Jan.

if you start and end with a 4on I make that 44 days worked 11ons

edit: got the start date wrong but still looks like 11ons)

if you use the 12.07% method that's 5.3 days

Assumes you have taken no holiday
43 days work accrues 5.2 taken one leaves 4.2

4on4off is an average of 3.5 days per week so statutory would be 19.6 days. for a full year

full years is 45.6 ons 11ons is 0.24 of them so 4.7days(that assumes you take all of them)

anamenottaken

lazylabs wrote: »

Hi I work 4 days on 4 days off. 12 hour shifts. With 1.5 break. It's a 24/7 job.

Started on 23rd October 2013. Hoping to finish on 19th Jan.

In case they do not allow you holiday during your notice period, if you want Sunday 19 January as your last day of employment, you should really hand in your notice today, Sunday, 5 January. That is because the two weeks starts the day after your notice is received.

lazylabs

anamenottaken wrote: »

In case they do not allow you holiday during your notice period, if you want Sunday 19 January as your last day of employment, you should really hand in your notice today, Sunday, 5 January. That is because the two weeks starts the day after your notice is received.

Ah yes of course notice period starts day after you hand it in. I thought it started the day you handed your notice in? !!!!!!...

I am meant to be starting new job on Monday 20th. Sunday 19th will be 1st day of 4 day shift so that means I need to get Sunday and Monday off either through A/L or unpaid as its worth more to me starting new job on the Monday rather than working current job for those 2 days.

lazylabs

I'm in work today but no one around to give notice to. So I take it I can't hand my notice in?

I think I might just try to negotiate a shorter notice period, they have plenty of cover at work so I won't be leaving them short.

Any thing I should include in the resignation letter to try to negotiate this?

getmore4less

I prefer to give proper notice and then negotiate.

See If the employer wants to let you go early they still need to pay.

if nothing you can raise the issue. and see if you can skip the last set of shifts by using holiday or getting cover.

anamenottaken

lazylabs wrote: »

I'm in work today but no one around to give notice to. So I take it I can't hand my notice in?

I think I might just try to negotiate a shorter notice period, they have plenty of cover at work so I won't be leaving them short.

Any thing I should include in the resignation letter to try to negotiate this?

Could you email HR and your line manager?