Last notice day during my holiday

rob0t

I'm planning to resign from my current job at the end of the year when I've already got holidays booked.
The most important information I need to know is if it's possible to give to employer 4 weeks notice that ends with 9 or 16 business days of annual leave or I have to be at work physically for my last day.
To make my situation easier readable I'm putting all the information in points. I really appreciate if someone could give me any suggestion.


Situation summary
Holiday already booked: 19.12.2018 - 02.01.2018 (both inclusive)
Remaining holiday days I can use this year (apart of holiday already booked): 6 + 1 lieu day = 7
Last day I will be able to physically be in UK and work for current employer: 18.12.2018
Number of weeks to notice on termination of employment: 4
Total Annual Leave Entitlement: 25 days pro rata per annum
Total Bank Holiday Entitlement: 8 days pro rata per annum (in practice 1 day for this year and rest to use as normal holiday)
Company holiday year run for calendar year

The best option for me (only if that is possible)
Give a notice to company as latest as possible - on 29/11/2018 (Thursday) with information of the end date of my work, which is 31/12/2018 (inclusive).
Work normally to 18.12.2018.
Last days of notice will be my holiday days.
Get paid for unused 7 days holiday.


Complications and concerns

Due to my contract conditions, company reserved possibility for making me required to take any unused Annual Leave during my notice. Because there is no information about their notice time to me for that, I'm not sure if it's valid over the law that says it shall be 14 days notice given to me for 7 days of forced holiday. In case when they will not accept to pay me for unused holiday I can rebook my holidays to 10-31.12.2018 to avoid conflicts at the end of my employment, but I prefer to get paid for these 7 days.

I work for the night shift and it may complicate situation for the 31st of December. My biggest concern is if that would make my last working (holiday) day as 1st January and 7 unused holiday days will be lost then. I think my company consider night shift date as the day when shift started working, but I'm not 100% sure. In that situation maybe it would be better to mark 30.12.2018 as my last day and move all other dates by the day before?

I have higher annual leave entitlement than statutory leave entitlement, what suggest me possibility that the law works differently for additional days (over 20 or 28 days). I've not found anything in my contract about contractual holiday rules.

How to write a notice due to my situation when "last working day" will actually not be mine "last employment day"?


I know it's a little bit complicated but I've got plenty reasons to optimise it. Mainly, because I want to maximize income as I'm moving away from UK just before Christmas and I will be unemployed for some time. I'm also in situation that it will be better for me to inform my company about my resignation as latest as it's possible, so I can't ask them these questions now.

agrinnall

There is no law requiring you to be at work on the day your notice ends, many people have done what you plan to so their effective last day at work is the day before they start their period of leave, although they are still employed until the last day of their notice. Whether your employer will allow it or not is a question only they can answer, but bear in mind that they can tell you when to take or not take any part of your leave allowance as long as they give the required notice to do so. Your only way to know for sure is to ask them, and if you want certainty for planning then do so sooner rather than later.

jobbingmusician

Send your notice by signed for post and by email, to arrive the day it needs to. There is no requirement to hand it in physically!

getmore4less

Contract can overrigh statutory notice for holidays.

If they have a clause about holidays during notice then that applies
Typical clauses require no further notice unless specified.

Be careful if the wording includes the option to have you work notice they can cancel the booked holiday.

Not clear but you don't cover the situation for carryover and if the 1st 2nd Jan are next years allocation

4weeks notice last Resign day is 3rd Dec for 31st Dec as last day.

Shift timings don't change the notice days.