Holiday in notice period

SME_Chris · 2 May 2019 at 9:04PM

Hi, I spoke to HR about handing in my notice and when my last day would be.

I have 2 month notice, so would finish on 2nd July. However, I have a holiday booked for the final two weeks, so they are saying that wouldn't count towards my notice period and that I would have to work a further two weeks after coming back from holiday - so a total of 10 weeks, 8 of which are worked.

I checked my contract and it just says "On successful completion of probationary period - 2 months", and there is nothing in the employee handbook relating to this situation.

The holiday I am taking is within my allowed/accrued limit, so I'm not taking off more time than owed.

Thoughts, or documents online that might prove useful?

marlot · 2 May 2019 at 9:16PM

I've worked for employers who ban all holidays in the notice period (the reasoning being that you're needed to document/handover).

I've worked for employers who insist that all holidays are taken before the last day (the reasoning being that they don't want to pay for more than they need). One of my friends is about to resign, is on a month's notice and has a month of leave accumulated - he's hoping to just walk out the door.

Most employers have these things in the handbook, and its a pity that your's doesn't.

Your employer seems fair. Are they open to negotiation on the notice period length?

SME_Chris · 2 May 2019 at 9:26PM

marlot wrote: »

Your employer seems fair. Are they open to negotiation on the notice period length?

That was proposed, but turned down by them.

LilElvis · 2 May 2019 at 9:37PM

Whilst that does sound wholly unreasonable you need to think long and hard before you push it as they could cancel your leave - legally they're within the time limits to do so. You could lose your holiday with no come back on your employer.

getmore4less · 2 May 2019 at 10:21PM

Notice is elapsed time holiday, sick or working.

TELLIT01 · 3 May 2019 at 7:46AM

2 months notice, is 2 months notice irrespective of whether you are at work, off sick or on annual leave and they company cannot demand that you remain longer. As has been said though, they are in a position where they can cancel your holiday. They would have to inform you of that 4 weeks in advance, if you are taking 2 weeks leave and they still have time to do that.