Leaving date issue

Baled

Hi all.

I handed in my notice yesterday to my manager.  My contract states the notice period during probation is 2 weeks.

In the email I sent yesterday I asked my manager to confirm my leaving date - to my mind my final day would be 3rd March.

My holiday entitlement is 25 days plus bank hols.

Before all this I had already pre-booked holiday from 28/02 - 02/03, a total of 3 days off.

Firstly, my manager confirmed my leave date as 25th February and then said as holiday is only accrued for a full calendar month worked I will have accrued 2 days holiday in total.

I queried this and have now been told I can work on March 3rd as my final day.  My manager has said this and the original advice she gave has all come from the head of HR.

This still sounds wrong to me.  My contract stipulates 2 weeks notice.  Even though I have already pre-booked 3 days holiday which occurs during that notice period I think I'm still entitled to finish on 25th February and be paid up to and including 3rd March by using my accrued 4 days holiday for 28th Feb to 3rd March.

Am I right?  I'm hoping to sort this all out on Monday but I have a feeling it's going to be faff.

General_Grant

Baled said:

Hi all.

I handed in my notice yesterday to my manager.  My contract states the notice period during probation is 2 weeks.  So your two weeks would run from 18 February to 3 March.

In the email I sent yesterday I asked my manager to confirm my leaving date - to my mind my final day would be 3rd March.  Why not say you were giving the required two weeks and that your final day of employment would be 3 March?

My holiday entitlement is 25 days plus bank hols.  So 33 days in a normal year, but depends on when the year begins.  As you are within your probationary period, it needs to be apportioned as to the time you have worked there.  And for the statutory element (28 days) it has to be in line with the actual time employed, not accruing only for complete months.  The employer can apply whatever rules they like to the excess over statutory (5 days).

Before all this I had already pre-booked holiday from 28/02 - 02/03, a total of 3 days off.  And remember they could cancel these if they choose.

Firstly, my manager confirmed my leave date as 25th February and then said as holiday is only accrued for a full calendar month worked I will have accrued 2 days holiday in total.  Calculate in line with my earlier comment.

I queried this and have now been told I can work on March 3rd as my final day.  My manager has said this and the original advice she gave has all come from the head of HR.

This still sounds wrong to me.  My contract stipulates 2 weeks notice.  Even though I have already pre-booked 3 days holiday which occurs during that notice period I think I'm still entitled to finish on 25th February and be paid up to and including 3rd March by using my accrued 4 days holiday for 28th Feb to 3rd March.  Well you haven't booked the 3rd and they don't have to agree it.  They can pay for any holiday accrued but not taken.

Am I right?  I'm hoping to sort this all out on Monday but I have a feeling it's going to be faff.

Some comments above.

Baled

General_Grant said:

Baled said:

Hi all.

I handed in my notice yesterday to my manager.  My contract states the notice period during probation is 2 weeks.  So your two weeks would run from 18 February to 3 March.

In the email I sent yesterday I asked my manager to confirm my leaving date - to my mind my final day would be 3rd March.  Why not say you were giving the required two weeks and that your final day of employment would be 3 March?

My holiday entitlement is 25 days plus bank hols.  So 33 days in a normal year, but depends on when the year begins.  As you are within your probationary period, it needs to be apportioned as to the time you have worked there.  And for the statutory element (28 days) it has to be in line with the actual time employed, not accruing only for complete months.  The employer can apply whatever rules they like to the excess over statutory (5 days).

Before all this I had already pre-booked holiday from 28/02 - 02/03, a total of 3 days off.  And remember they could cancel these if they choose.

Firstly, my manager confirmed my leave date as 25th February and then said as holiday is only accrued for a full calendar month worked I will have accrued 2 days holiday in total.  Calculate in line with my earlier comment.

I queried this and have now been told I can work on March 3rd as my final day.  My manager has said this and the original advice she gave has all come from the head of HR.

This still sounds wrong to me.  My contract stipulates 2 weeks notice.  Even though I have already pre-booked 3 days holiday which occurs during that notice period I think I'm still entitled to finish on 25th February and be paid up to and including 3rd March by using my accrued 4 days holiday for 28th Feb to 3rd March.  Well you haven't booked the 3rd and they don't have to agree it.  They can pay for any holiday accrued but not taken.

Am I right?  I'm hoping to sort this all out on Monday but I have a feeling it's going to be faff.

Some comments above.

Thanks @General_Grant

I started December 1st last year and the company holiday year runs from January to December.

I've just found out that a friend who left the company last year was told she had to work her 2 week notice and get paid her holiday entitlement in her final pay - they refused to let her take any of her unused holiday to finish earlier.  My last company gave me the option of taking my days or having them paid as untaken - I took the days and finished earlier but I was forgetting it depends on the company at the end of the day.

What I don't get is saying that I can finish on February 25th but I'll only have accrued 2 days holiday in total for this year.  It just doesn't feel kosher.

Savvy_Sue

If you started work on 1st December, and the holiday year runs January to December, how many of your normal working days did you NOT work in December? 

Because there were at least two bank holidays in December, and another in January, and if the company was closed between Christmas and New Year it may have been that you 'borrowed' from this year's entitlement. They should have told you if this was happening, but it's certainly an option I would have offered to anyone starting so late in the leave year (because we close between Christmas and New Year). 

You need to get it all very clear in your own mind, how much you are entitled to ought not to be a difficult calculation, and you ought to know how much you have taken. 

General_Grant

To add to the above, though the terms may be 25 days plus bank holidays, when working out your entitlement you add the bank holidays to the other days.  You don't say, for example, well I had the 2 bank holidays in December and 1 in January so I was entitled to those and only have to apportion the other 25.  The bank holidays are also apportioned. 

Baled

I had 4 days holiday in December - this was made up of the 2 bank holidays plus 2 pre-booked days (24th & 29th December) which they honoured, the business was open during xmas and new year.

To make it more complicated the pay is not per calendar month, it's 4 weekly plus payroll had my salary as 3K less than my contract which they said will be corrected with back pay in my next payslip (due on February 25th)

It's getting really messy in my head so any help is appreciated.

Grumpy_chap

Baled said:

I handed in my notice yesterday to my manager.  My contract states the notice period during probation is 2 weeks.

In the email I sent yesterday I asked my manager to confirm my leaving date - to my mind my final day would be 3rd March.

The post was dated 18th Feb, Friday so you handed your notice in on Thursday 17th.

2 weeks notice from 17th would mean last day of work Thursday 3rd March.

Why did you ask your Manager to confirm your leaving date?  That seems to infer some lack of confidence on the date and / or a willingness to agree a different date.  For the company, leaving dates aligned with payroll are helpful.

Baled

The leave entitlement is more my concern, I just want to work out where I stand with that.

NCC1701-A

How many days have you taken off in Jan, and so far, in Feb.

Are you in Scotland? (who have an extra BH in Jan).

Baled

I'm in England. I had Jan 1st off, no other days so far.

To clarify my original post, my manager's first response stated I would have accrued 4 days leave as of February 28th.  She said this came from the head of HR but given the comment in the same email about not accruing leave for February if I leave on the 25th I am a bit dubious about anything he says now.

Undervalued

Grumpy_chap said:

Baled said:

I handed in my notice yesterday to my manager.  My contract states the notice period during probation is 2 weeks.

In the email I sent yesterday I asked my manager to confirm my leaving date - to my mind my final day would be 3rd March.

The post was dated 18th Feb, Friday so you handed your notice in on Thursday 17th.

2 weeks notice from 17th would mean last day of work Thursday 3rd March.

Why did you ask your Manager to confirm your leaving date?  That seems to infer some lack of confidence on the date and / or a willingness to agree a different date.  For the company, leaving dates aligned with payroll are helpful.

No.

Technically notice begins the day after it is issued.