Owed holiday rights when resigning

brothermalzone

I handed in my notice recently and intend to woek my 2 month notice period.

Apparently my company have found a replacement and will most likely relieve me from my full time hours once he's trained up so I'll be able to leave a few weeks earlier.

They do intend to keep me on for some part time shifts however until my official notice period.

As I'm owed 20 days holiday I wondered where I stand with this as I'm no longer working full time hours, only part time. Do I just take off the days I would have worked full time from the 20 days owed? Or am I owed all 20 days as they're keeping me on part time?

Many Thanks 

getmore4less

Company can decide how to use the holidays and assign days to your new days off or treat then as garden leave.

Are they planning to have you on full pay for the duration of the notice period?

if not does your contract have provisions for reducing hours?


Are you sure you have 20days owed because you usually prorata for a part year.

brothermalzone

getmore4less said:

Company can decide how to use the holidays and assign days to your new days off or treat then as garden leave.

Are they planning to have you on full pay for the duration of the notice period?

if not does your contract have provisions for reducing hours?


Are you sure you have 20days owed because you usually prorata for a part year.

If I go on reduced hours I'll be on full pay but only for the hours I work. 

Last year I lost a number of holiday dates due to covid and these have been reimbursement to me this year.

Thanks 

getmore4less

Does your contract allow for varying hours if not they should be paying full pay on you normal hours not reduced.

brothermalzone

getmore4less said:

Does your contract allow for varying hours if not they should be paying full pay on you normal hours not reduced.

Ah OK I'll check that out. So you're saying if it doesn't mention reduced hours I'm entitled to full monthly pay until my notice regardless of the hours worked? 

getmore4less

As long as you don't agree to reduced hours or early termination the contract stays in place.


they have the option to offer PILON and terminate early or put you on garden leave, which could be part time working

They can also use up all your holiday during the period if they don't terminate early.


Most contracts have other duty clauses so they could have you come in to do odd jobs, you may prefer the time off without pay.


A compromise might be to finish early using up the holiday after the handover is complete.


amicable solutions are often the best.

brothermalzone

OK thank you for the info. To be honest I'd be happy to use my holiday and leave early as there is someone training up to take over my role.

I'd prefer not to continue working on part time hours as it makes it complicated for my new job which I'll be moving to.

I'll check my contract and see what it says. 

TELLIT01

brothermalzone said:

OK thank you for the info. To be honest I'd be happy to use my holiday and leave early as there is someone training up to take over my role.

I'd prefer not to continue working on part time hours as it makes it complicated for my new job which I'll be moving to.

I'll check my contract and see what it says. 

Many employers require their permission to be granted before taking on a second job.  I wouldn't mention that you are planning to start your new job before your notice period has ended.

brothermalzone

I've checked my contract...Could someone advise on where I stand on receiving reduced hours before my notice ends please? Thanks. 

'The Company reserves the right, at its sole discretion, not to offer you any work during  the whole, or any part, of the notice period, and to require you not to attend work during this time.

In these circumstances, you will continue to receive your normal pay and 

benefits to which you are entitled during the notice period. 

Apart from the duty to attend work, you will remain bound by all the obligations and  restrictions set out in your contract of employment. You must, within reason, remain available to be contacted by the Company. You are not permitted to undertake any other form of employment, whether paid or  unpaid, during your period of garden leave, without the Company's prior written 

permission. '

Short-Time Working and Lay Off: 

The Company reserves the right to introduce short time working on proportionately 

reduced pay or a period of temporary lay off without pay (with the exception of any 

statutory entitlement) where this is necessary to avoid redundancies, where work cannot 

be performed due to exceptional circumstances, or where there is a shortage of work. 

getmore4less

I would go with the first part that clearly applies in this situation

 that you are on garden leave if they don't require you to do full time during notice.


Short time or temp layoff are not appropriate as  there is no shortage of work  it is not a potential redundancy situation that requires exceptional mitigation like short working or temp lay off.


You implied you may be starting the new job before finishing the old one if that was the plan then a compromise where you use up your holiday at the end of notice to finish early with permission to start the new job.

brothermalzone

Thanks for your help.

I think the issue will be if my hours are reduced to only part time for the last couple of weeks. This puts me in a difficult situation financially as I'm unable to move on somewhere else full time.

I can certainly use my holiday up to get out of full time shifts but they're intending to keep me on until the end working a few random shifts each week. Are they able to do that?