Can I work while on annual leave during a notice period? 29 July 2014 at 9:49AM in Redundancy & redundancy planning 10 replies 5.2K views

Gravy0

I've taken a redundancy package at work and am currently working my 3 months notice from Aug. 1st and my last day of employment is Oct. 31st. Because I have a lot of annual leave built up I can actually leave work on Sept. 19th and take 6 weeks leave until Oct. 31st.
I am currently looking for a new job but most want people to start immediately/within a month.

So as I am on leave from Sept. 19th I am actually able to work but am I ALLOWED to, in UK law, as I am actually still currently employed until Oct. 31st by my present company, but I feel like I'm missing out on job opportunities in the meantime when I could be working.

Thanks in advance

TBagpuss

what does your contract say?

Gravy0

This is the only thing I can find, so I guess that means I'm ok to work during my notice period???

"Q2. What happens if an employee wants to work while on holiday?
Employees are encouraged to use their leave to relax and therefore if an employee wishes to take up other employment during their holiday, then they should consult their line manager about this. If there is any possibility of a conflict of interest, then the employee should not carry out the work. "

fannyadams

I have, in the past, worked for a different company whilst technically being on holiday from the other during the change over period between jobs.
So i'm guessing the answer is yes I suppose you can.

getmore4less

Gravy0 wrote: »

This is the only thing I can find, so I guess that means I'm ok to work during my notice period???

"Q2. What happens if an employee wants to work while on holiday?
Employees are encouraged to use their leave to relax and therefore if an employee wishes to take up other employment during their holiday, then they should consult their line manager about this. If there is any possibility of a conflict of interest, then the employee should not carry out the work. "

That's the key you have to ask.......

very normal for doing extra work in any job, it is there to allow you to volunteer etc, remember work does not just mean things you are paid for so you should ask for ALL work.

Some companies are quite flexible some are not,

You could ask to have shorter notice and have the holiday paid(although the holiday accrual will be slightly different.

(Note this is different to PILON which will in most cases result in more pay)

ste_wilko

Speak to your boss. If they're making you redundant I can't imagine that they'd have an issue with you working through your annual leave. Especially if not doing so is going to scupper your chances of finding employment after you leave your current employer

getmore4less

Now the down side

If your employer finds you have a new job they could withdraw the redundancy.

If you have not issued counter notice(and there are a strict rules to do this correctly) you could end up not getting redundancy.

Understand why your employer might not be willing to terminate early.
A simple question like why not pay PILON or terminate early as I will be on holiday, that way I can focus on getting another job without the risk of you withdrawing the redundancy.

DKLS

Usually depends on the company the last time i was put on gardening leave I was technically supposed to be available for work if required but in reality i started at the new firm the monday after finishing on the friday. I did ask the hiring company to put me as a contractor for the first 3 months so my official start date was 3 months later.

I did get called in by an old director but resolved the issue remotely in a lunch break.

Twas very nice getting double bubble for 3 months.

getmore4less

DKLS wrote: »

Usually depends on the company the last time i was put on gardening leave I was technically supposed to be available for work if required but in reality i started at the new firm the monday after finishing on the friday. I did ask the hiring company to put me as a contractor for the first 3 months so my official start date was 3 months later.

I did get called in by an old director but resolved the issue remotely in a lunch break.

Twas very nice getting double bubble for 3 months.

Unless through a 3rd party the start date is when you were first employed for continuous employment, handy for notice and redundancy.

50Twuncle

getmore4less wrote: »

Now the down side

If your employer finds you have a new job they could withdraw the redundancy.

If you have not issued counter notice(and there are a strict rules to do this correctly) you could end up not getting redundancy.

Understand why your employer might not be willing to terminate early.
A simple question like why not pay PILON or terminate early as I will be on holiday, that way I can focus on getting another job without the risk of you withdrawing the redundancy.

On what grounds could any employer withdraw redundancy, already arranged (and possibly partly paid) ?
This would be an extremely unlikely outcome - since it will cost the outgoing company even more to re-instate you...
Yes - if you are lucky to find employment during your "LILON" - Then by all means accept it - especially as your T&C state only the Conflict of Interest clause (which in itself would require a legal eagle to look over)
Shame you can't get officially sanctioned PILON - Which would be TAX FREE...
http://www.acas.org.uk/index.aspx?articleid=4540

getmore4less

50Twuncle wrote: »

On what grounds could any employer withdraw redundancy, already arranged (and possibly partly paid) ?
This would be an extremely unlikely outcome - since it will cost the outgoing company even more to re-instate you...
Yes - if you are lucky to find employment during your "LILON" - Then by all means accept it - especially as your T&C state only the Conflict of Interest clause (which in itself would require a legal eagle to look over)
Shame you can't get officially sanctioned PILON - Which would be TAX FREE...
http://www.acas.org.uk/index.aspx?articleid=4540

A company can withdraw redundancy right upto the day you are terminated.

It is a common misunderstanding that once on notice thats the point of no return.

The company have an obligation under redundancy procedures to keep looking for ways to void the redundacy or find suitable alternative employment.


Ultimately they can just say on the last day your old job still exists, you then carry on as if nothing has happened or leave without redundacny payment.
(no cost to not get rid of an employee except some time a and normal wages)

You need mutual agreement for the notice but not the redundancy


It is not unknown for companies tyo realise they are cutting back to far and change their minds.

If it is not a redundancy but a mutual termination(sometimes know as VR ) then the contractual terms of the agreement apply, not redundacny procedures.