Annual Leave Pay and Resignation

ronctlsmile

Due to work bullying, I have not choice but to put in a letter of resignation last week to my current employer. Since it was three months' notice, heard from my trade union rep, my current employer would not ask me to come back to work, and at the same time, they will not pay me annual leave because they will assume me to use up my holidays in the last month of my three months' notice. 
Can my employer do that? I have no intention to take any annual leave and want to get the annual leave pay in return. 

Torry_Quine

Yes they can tell you when to take annual leave as long as they give double the notice as 5he time off. 

ronctlsmile

Can I refuse to do that as I want to ask my money back?

Torry_Quine

You can ask but they can say no.

Savvy_Sue

ronctlsmile said:

Can I refuse to do that as I want to ask my money back?

No. You can ask, but they can require you to take your annual leave within your notice period. As Torry said, they have to give you notice, but they are doing that. 

tacpot12

Yes, your employer can deduct the annual leave you will have accumulated to the end of your notice period. You are (or should be getting) the annual leave pay in your last pay check. 

Here's how it works: 

• You are supposed to work and be paid for the next three months; although very generously is seems the employer will not ask you attend work, but might reasonable ask you to do anything you can from home.
• You have n days remaining of your annual leave entitlement today and they should be counting the end date for your employment as being the end of the three months, and you will earn additional leave entitlement to your last day, so you will have about 4-5 days added to the n days you already have for statutory leave entitlement. (Sorry it's a bit imprecise, but I'm not sure how they will deal with the three public holidays between now and your end date). 
• You might also has some contractual leave entitlement. You'll have to check your contract of employment to find out if they have to pay you this; your union rep might know this off the top of their head if they know your employer and their contracts of employment well. 
• You will remain employed until the end of your notice period, unless your employer agrees to release you from your obligations under your contract of employment, which it appears to be willing to at the point when you are n + 4/5 days from your end date.

The net result of this is that you remain employed for the next three months, and will be paid for the days you would normally be at work or on annual leave. Your union rep should be supporting you if your think your employer is not treating you correctly. 

ronctlsmile

thanks for your answers

Undervalued

Savvy_Sue said:

ronctlsmile said:

Can I refuse to do that as I want to ask my money back?

No. You can ask, but they can require you to take your annual leave within your notice period. As Torry said, they have to give you notice, but they are doing that. 

The may already have given notice, depending on the wording of the OP's contract! A clause requiring unused annual leave to be taken during notice is frequently included in the employee's contract. If it is then no further notice to take leave is required.

getmore4less

Not only can the contract pre-empt holiday(with clauses like use holiday in notice periods) it can also change the notice for all holidays to Zero  and remove the statutory default that if you request holiday the company has to respond "no" if they don't want you to take it.

What is the holiday year if Calendar 3 months notice will span 2 holiday years.

One issue with garden leave(not having to work) is you are still employed which has obligations but also means you are still employed while looking for other work.
(they say it is easy to get a job if you have a job)

If you want to leave early so you can start another job might be worth asking if they would consider PILON