Notice Period

johnsmithy

Hello,

I recently returned to work after a year off and I have decided to hand in my notice, now, as the job is just insufferable.

Therefore, I have been told by my management, that since I have several holiday days left (up to a month, which is the notice required to be given), that I can use these holidays to cover my notice.

So if I went in on Monday and handed in my notice, can I assume that I could resign, more or less immediately, since in essence, I do not need to work my notice, as such?

Thanks,

johnsmithy

want_to_save

what is your normal notice period and how many holidays do you have left?

JReacher1

Sounds like it but if you work your notice they'll pay you for the holidays owed. Depends if you want the cash I suppose.

McKneff

Well you would need to find out exactly how many days holiday you actually have left.
Up to a month isn't specific enough.


Obviously if both parties are fine with it, they may just let you leave and pay you however many holidays you do actually have.


Just to clarify, if you have been off work due to illness, holiday pay accrues during this time too.

[Deleted User]

Depends how easy going your place is around booking holiday/time off really

I worked for an employer once who refused or cancelled hol plans when putting notice in (perhaps they were different as most emps want you gone in the quickest time I'd have thought) so get prepared if you think they will be funny

Consult whatever employee handbook you may have? Equally in some instances I've found the rulebook doesn't apply but only you know your employer

johnsmithy

To clarify, my normal notice period is 1 month and I have 33 days left, due to long-term absence.

However, my understanding is they cannot withhold pay, whether you work your notice or not?

Undervalued

JReacher1 wrote: »

Sounds like it but if you work your notice they'll pay you for the holidays owed. Depends if you want the cash I suppose.

Yes but that is the company's choice, not the OP's.

They can insist he uses up his holiday during the notice period. He can't insist on working it then getting paid for untaken holiday.

Takeaway_Addict

johnsmithy wrote: »

To clarify, my normal notice period is 1 month and I have 33 days left, due to long-term absence.

However, my understanding is they cannot withhold pay, whether you work your notice or not?

No but if you handed your notice in to me for example unless I really needed you I would make you take holiday during this notice to lessen what I paid you

johnsmithy

For argument's sake, correct me if I'm wrong here as I'm not 100% clued up on this:

a) If I took my holiday during my notice period, I would still get paid as if it were a normal month's wages, since I have a month's holiday already built up? Would you still get paid your wages as normal, i.e. monthly or would they pay you a final pay salary at the end of your notice period?
b) If I worked my notice period without taking my holidays, would they need to pay me for any holidays I had accrued after I had finished my notice period?
c) Can they force you to work your notice period? I mean, they have no real need for me to be there as has been exemplified by the fact I have been away for a year, so there would be little to argue on their part that they would need me, so I could hand my notice in on Monday, then leave on Monday and take my notice period as annual leave and still get paid, unless they decide they don't want me to work my notice, in which case, they would have to pay me for any accrued leave?

Thanks for your help,

johnsmithy

Undervalued

johnsmithy wrote: »

For argument's sake, correct me if I'm wrong here as I'm not 100% clued up on this:

a) If I took my holiday during my notice period, I would still get paid as if it were a normal month's wages, since I have a month's holiday already built up? Would you still get paid your wages as normal, i.e. monthly or would they pay you a final pay salary at the end of your notice period?
b) If I worked my notice period without taking my holidays, would they need to pay me for any holidays I had accrued after I had finished my notice period?
c) Can they force you to work your notice period? I mean, they have no real need for me to be there as has been exemplified by the fact I have been away for a year, so there would be little to argue on their part that they would need me, so I could hand my notice in on Monday, then leave on Monday and take my notice period as annual leave and still get paid, unless they decide they don't want me to work my notice, in which case, they would have to pay me for any accrued leave?

Thanks for your help,

johnsmithy

a, b and c - All yes.

An employer can, with very few limits, dictate when you may and may not take your holiday. This still applies during your notice period.

You have a legal right to 28 days annual leave and they must let you either take this at some point during the year OR pay you for it after you leave. If your contract entitles you to more than 28 days then the firm can set whatever rules they like for the extra days.

You cannot lose the statutory 28 days per year as a result of being off sick (but you might lose any extra entitlement).

Given the circumstances, if you have issued a month's notice, I would expect the employer to insist that at least some of this is taken as holiday.

johnsmithy

There would be no real reason to keep me, or a justifiable one, since I have been off for a year and they managed to cope just fine.

However, if they wish to, I'm not going to argue with that, I just want to go as soon as possible now, because, as I mentioned, the job has become that much unbearable. Its not the job, as much as it is the people, but the job itself just has no system and there is little support. Its just gone gradually downhill as time has gone on - there's an overall lack of respect in all areas and it just causes daily stress and its having a toll on my overall mental health - its not worth it, anymore.

Anyways, at least I know, either way, I would get paid, whether I work my notice or not (due to the fact that I have holidays which I can use to cover the notice period). I also believe they never really wanted me back as I wasn't really welcomed back with open arms, my closest colleagues didn't even ask how I was, its just been a high-stress return when it should have been a low stress return. The refresher training was a joke as it lasted no longer than ten minutes and I was expected to pick up the pieces after having one year off, as management confirmed. That in itself is really poor professionalism.

Thank you for the advice, everybody! Its much appreciated. At least now I know there is light at the end of the tunnel and I can potentially move onto something better, for which my skills are better suited and work with more understanding and friendly colleagues.