Resignation: payment in lieu of holiday

Ditzy_Mitzy

Andy_L said:

It is going to depend if the employer would rather get the full notice period as work out of the employee (eg to finish a certain project or ensure a good handover) or get them out of the door ASAP

This is not a case where the employer will benefit by getting the friend out of the door as soon as possible, on the basis that she has a perfectly adequate record and recruiting a new member of staff will take longer than the notice period.  That said, it is in the lap of the employer.  Shall have to let you know when they have made a decision.

Undervalued

Ditzy_Mitzy said:

Andy_L said:

It is going to depend if the employer would rather get the full notice period as work out of the employee (eg to finish a certain project or ensure a good handover) or get them out of the door ASAP

This is not a case where the employer will benefit by getting the friend out of the door as soon as possible, on the basis that she has a perfectly adequate record and recruiting a new member of staff will take longer than the notice period.  That said, it is in the lap of the employer.  Shall have to let you know when they have made a decision.

It is, totally.

As indicated earlier, if they have a mind to insist she takes the holiday, they can almost certainly do so even in the unlikely event that is not already written into her contract.

TBagpuss

"The friend has been told that employers tend not to like paying in lieu of holiday.  Is that true?  And is the friend on a hiding to nothing?  "

Its totally dependent on the individual employer and circumstances.

In some cases, the employer may prefer to have the person leave as soon as possible, and may therfore rwuirthem to use up the holiday (which in this case would mean requiring them to take those 10 days as holiday)
In some cases, the employee may prefer to have them in to do as much as possible to get work done before they leave / cover other people in the department. 
It's likely to depend on the nature of the work, the current workloads and how urgent things are, who else is available, etc. 

If she wants to work the full notice period then she can, when she givs her notice, simply day my last day will be [date] based on her notice period, and leave it up to the employer to raise it if they decide that they want her to take any holiday in that period. 

If they ask her to, then at that point she can say she would prefer not to and they maybe willing to accommodate her request or to compromise and (for instace) make her take one week and let her work one week. 

400ixl

Thinking about this, as the friend is planning on having the best part of a month off after leaving then if they can ascertain from the employer if they would force time off and not pay in Lieu then the could just give notice 2 weeks later which would still then give them the same time off and the same financial reward as paid in lieu.

Does of course mean they would have to have that discussion with the employer before handing in their notice.

Ditzy_Mitzy

400ixl said:

Thinking about this, as the friend is planning on having the best part of a month off after leaving then if they can ascertain from the employer if they would force time off and not pay in Lieu then the could just give notice 2 weeks later which would still then give them the same time off and the same financial reward as paid in lieu.

Does of course mean they would have to have that discussion with the employer before handing in their notice.

The friend has thought about that and it makes sense on the face of it, however circumstances vis a vis management absence in the next few weeks make that difficult.  It's now or never if the friend wishes to do the decent thing.  

Ditzy_Mitzy

To bring this to a close: friend resigned and worked notice period with holiday owing.  Money was received in lieu of holiday so all's well that ends well.