Resigning and employer states I must work last week

thriftytracey

I have given in my notice and I have a couple of weeks of accrued annual leave. I was hoping to take this as part of the notice period. I have worked for them for 14.5 years.

However I have been advised that although I can take this leave during my notice period I must work my final week, this means that I cannot tag it on to the last two weeks of my notice period.

I checked my original contract of employment and it just states a months notice. Previously this was not a rule however the employer has been taken over several times, however I have never had a new contract.

Can they enforce this rule which I presume is in the interest of the business?

Thanks

Thanks

KatrinaWaves

I’m not sure what you mean by ‘tag it onto my last two weeks’ but employers can in nearly all cases dictate when you can take leave. They can say you can’t have it in those weeks and pay you for it instead of letting you have it absent.

MrINeedOfHelp

I would assume, as most contracts usually state about being asked to work as per needs of the business, they would also be able to refuse holiday on the same grounds and state they can't let you go on holiday as they need you in.

However, if at the very least, the consolation should be in the end you'll be paid for any accrued unspent holiday days.

thriftytracey

KatrinaWaves wrote: »

I’m not sure what you mean by ‘tag it onto my last two weeks’ but employers can in nearly all cases dictate when you can take leave. They can say you can’t have it in those weeks and pay you for it instead of letting you have it absent.

Meaning - I would only have to work 2 weeks and then leave as the last 2 weeks are accrued holiday.

KatrinaWaves

Right okay then yes they can say you can only take it during the middle weeks of your notice, or every other day, or even not at all.

TELLIT01

An employer can say the employee has to use all remaining leave entitlement, refuse to allow any leave entitlement to be use, or any variant in between. It is their choice entirely. The only situation which might change that is if the OP had already booked the weeks in question as the employer, I believe, has to give notice of double the leave period in order to cancel it.

[Deleted User]

Perfectly legal, you will have to work the four weeks and any outstanding holidays accrued be paid for instead in your final pay, you have no right to use holidays during the notice period.

Exodi

Perfectly legal and personally I would have expected the employer to take this stance to make sure things are tidily wrapped up when you finish. You will be paid any accrued holiday.

Employers are perfectly within their rights to refuse to give leave at certain times but they cannot refuse to let workers take the leave at all. You can not dictate to the employer when you will be taking your holiday (else I think you'd find a lot of supermarkets empty around Christmas time!).

TBagpuss

Yes, it's completely legal. I assume that what they are saying is that you can take the accrued leavce in weeks 1, 2 or 3 or your notice period, but not in week 4?
They could also tell you to take the leave (or part of it) during your notice period.

I assume that they do this becaue they want to be able to check that you have eveything up together before you go.