Resignation notice, no contract. Please read

Joe_Skegg

Hello,

I have been invited back for a second interview on a job and have been told I am the only candidate selected which says to me there is pretty good chance the job is mine. However, I have been working at my current job for 10 years with no contract atall. My current employers are currently on holiday and don’t return until the day before I am due to go on holiday myself for 2 weeks, so there is one day where we’re all in the office together between holidays. My question is, I know I am legally obligated to give one weeks notice to them, which I will give them on this one day however I am then going on holiday, can I “work my notice” while on holiday? Therefore start my new job once I return from holiday? I don’t have the full weeks annual leave owed to me only part, so I guess I will be paid for what I am owed and the rest of the notice period/annual leave will be unpaid?

Undervalued

Joe_Skegg wrote: »

Hello,

I have been invited back for a second interview on a job and have been told I am the only candidate selected which says to me there is pretty good chance the job is mine. However, I have been working at my current job for 10 years with no contract atall. My current employers are currently on holiday and don’t return until the day before I am due to go on holiday myself for 2 weeks, so there is one day where we’re all in the office together between holidays. My question is, I know I am legally obligated to give one weeks notice to them, which I will give them on this one day however I am then going on holiday, can I “work my notice” while on holiday? Therefore start my new job once I return from holiday? I don’t have the full weeks annual leave owed to me only part, so I guess I will be paid for what I am owed and the rest of the notice period/annual leave will be unpaid?

Your employer can dictate when you can and cannot take your holiday and can cancel any booked holiday by giving fairly minimal notice. However if you give your one week notice just before going on holiday they wouldn't have time to legally cancel the holiday (even if the actually wanted to) so I can't see a problem.

Yes, if you haven't accrued enough holiday they can and no doubt will deduct the appropriate amount from your final pay.

Joe_Skegg

Ok so basically I can serve notice and “work it” whilst on annual leave? They won’t have enough time to cancel it and don’t think they would anyway.

Undervalued

Joe_Skegg wrote: »

Ok so basically I can serve notice and “work it” whilst on annual leave? They won’t have enough time to cancel it and don’t think they would anyway.

Yes. To cancel pre-booked holiday an employer must give you notice at least equal to the length of the holiday. So if you have a week's leave booked they must cancel at least a week before it was due to start.

Your resignation notice starts the day after you give it to you employer. So, if you hand your notice in a clear day before your week's leave starts there is nothing they can do about it.

They might of course not like it very much and get difficult but providing you stand your ground there is nothing legally they can do. I would check your final pay carefully.

More likely they won't care in the slightest!

Joe_Skegg

Ok, so I have spoken to ACAS and have been told that regardless of accrued holiday and entitlement that the employer is legally obligated to pay you for whatever notice period I give them as if I was in the office working the notice and if they don’t and start deducting pay for annual leave that you’re not entitled to then it’s classed as unfair dissmissle? This doesn’t sound right or fair from the employers point of view to me, can anybody confirm?

Comms69

Joe_Skegg wrote: »

Ok, so I have spoken to ACAS and have been told that regardless of accrued holiday and entitlement that the employer is legally obligated to pay you for whatever notice period I give them as if I was in the office working the notice and if they don’t and start deducting pay for annual leave that you’re not entitled to then it’s classed as unfair dissmissle? This doesn’t sound right or fair from the employers point of view to me, can anybody confirm?

You're confused totally.


Your notice is 1 week, that is what you must work. If you have leave booked, they must honour it in this case, as mentioned above not enough notice to cancel. If you don't have leave accrued they can deduct it from your final wages.