Having holiday booked in notice period

Undervalued

marlot wrote: »

A friend worked for a company who routinely refused to pay the last month when someone handed in their notice. Several other ex-employees had to sue before the company paid up.

He therefore decided to hand in his notice and leave on payday.

He was successfully sued for the cost of hiring a contractor to cover his booked work.

Exactly. Although fairly rare this can and sometimes does happen.

However, assuming the OP has had the holiday agreed according to his firm's standard procedures, if the firm exercised their legal right to cancel the holiday by giving the statutory notice he may have a claim against them for any losses he suffers as a result. I say may as it would depend on the wording of the company's holiday booking policy etc.

silvercar

The statutory notice to not take holiday is the same as the holiday, in your case for two weeks holiday that will be 2 weeks before it is due to start.

So as long as you don't give notice more than 2 weeks before the holiday you should be fine.

getmore4less

silvercar wrote: »

So as long as you don't give notice more than 2 weeks before the holiday you should be fine.

They have to check their contract, that can override the statutory notice.

geg1992

Many thanks for all of your replies. I've been offered the job and will be handing my notice in tomorrow (10 days before I'm scheduled to depart) I'm so scared as to what he will say. However, I've spoken to my new employer who is willing to wait for me so I'm going to suggest working the full notice but not include my holiday, for example, work 10 days before, take my holiday then work the remaining afterwards? Can they really dispute me doing this? As it surely works better for both parties? I hope that if I put this offer in writing too, then they have nothing against me in court as I'm willing to work the full notice...

Any other ideas? Many thanks again.

Tygermoth

Congratulations!

You can ask - see what they say. I saved up all my leave one year to go on a once in a lifetime holiday. Shortly before i was due to go the company i was working for advised that everyone was potentially being made redundant (potentially was BS it was highly likely as someone else had gotten our contract). It didn't stop managment throwing their toys out of the pram when my notice period was mainly leave. THey refused to allow it and i said i would just go.....

However the ball was in my court as the MD and HR of the company already said they would only be doing tombstone references and would not make any exceptions



(jealous BTW i have always wanted to go to japan!)

Masomnia

geg1992 wrote: »

Many thanks for all of your replies. I've been offered the job and will be handing my notice in tomorrow (10 days before I'm scheduled to depart) I'm so scared as to what he will say. However, I've spoken to my new employer who is willing to wait for me so I'm going to suggest working the full notice but not include my holiday, for example, work 10 days before, take my holiday then work the remaining afterwards? Can they really dispute me doing this? As it surely works better for both parties? I hope that if I put this offer in writing too, then they have nothing against me in court as I'm willing to work the full notice...

Any other ideas? Many thanks again.

I'd suggest you just give your notice as per your contract. I wouldn't mention the holiday in the letter at all tbh. They should then just deduct whatever you owe in annual leave from your final salary.

London50

So pleased you have got the job good luck for the future {and enjoy Japan}. I agree with above, as you said earlier the money side if they got stroppy you are covered so just move on and enjoy your "new life" :0)