Notice period and holidays 17 August 2022 at 2:51PM in Employment, jobseeking & training 27 replies 1.3K views

pstones578

I work as a care assistant for local council in a care home.

I am planning on leaving my current employer at the end of this year (2022).  At that time I will be 64 and will retire.  I have 4 weeks holidays accrued.  I am planning to hand my notice in at the end of November and use my 4 weeks leave as my notice, so leaving immediately upon handing notice in.  

My company has a policy of all leave being taken before leaving the business i.e. they do not want to pay for leave not taken as part of final pay.

Does anyone know if my employer could make me work my notice when I hand my notice in at the end of November and pay the 4 weeks into my final payslip?

If they do demand I actually work my notice am I correct that they have to pay me my untaken leave in my final payslip?

Thanks in advance for reading and your input.

Bradden

Would your employer allow you to book 4 weeks in November if you were not leaving? My employees handbook states no more than 2 weeks can be booked normally - if your company has a similar policy then they could deny your holiday request and make you work your notice. Howver if they did this then they would have to pay your outstanding holiday in your final payslip.

Is there a reason you do not wish to work your notice? It's a stardard requirement companies have to allow them to recruit/rpelace staff.

Undervalued

pstones578 said:

I work as a care assistant for local council in a care home.

I am planning on leaving my current employer at the end of this year (2022).  At that time I will be 64 and will retire.  I have 4 weeks holidays accrued.  I am planning to hand my notice in at the end of November and use my 4 weeks leave as my notice, so leaving immediately upon handing notice in.  

My company has a policy of all leave being taken before leaving the business i.e. they do not want to pay for leave not taken as part of final pay.

Does anyone know if my employer could make me work my notice when I hand my notice in at the end of November and pay the 4 weeks into my final payslip?

If they do demand I actually work my notice am I correct that they have to pay me my untaken leave in my final payslip?

Thanks in advance for reading and your input.

Yes, they could. However that seems unlikely if your employer's normal policy is to make employees use up their leave during their notice period.

The only way you will find out is to ask them. In the unlikely event they insist you work then they will of course have to pay you for the unused holiday after you leave.

pstones578

Bradden said:

Would your employer allow you to book 4 weeks in November if you were not leaving? My employees handbook states no more than 2 weeks can be booked normally - if your company has a similar policy then they could deny your holiday request and make you work your notice.

Thanks for the reply. We would not normally be allowed to book 4 weeks in November and we are not normally allowed to book holidays over the xmas period, but i'm wondering what they could do if i just left anyway given I'm retiring and need no reference etc.

Bradden

I'm guessing from what you're written that this is a cunning plan to allow you to have a months holiday in December even though your employer would not normally allow this?

pstones578

Bradden said:

I'm guessing from what you're written that this is a cunning plan to allow you to have a months holiday in December even though your employer would not normally allow this?

Absolutely.

Brie

I think there's only 2 ways you can guarantee having December off.  Handing in your notice earlier so you have already quit when December comes round.  Or going off sick at the beginning of December and resigning while off sick.

You say you work for the council (whom I suspect are stupidly bureaucratic) but could you ask them how best to do this?  If you ask early enough they would hopefully have time to recruit someone to replace you.  But if you do ask them and they don't co-operate I'd not try the going off sick routine.

Undervalued

Brie said:

I think there's only 2 ways you can guarantee having December off.  Handing in your notice earlier so you have already quit when December comes round.  Or going off sick at the beginning of December and resigning while off sick.

You say you work for the council (whom I suspect are stupidly bureaucratic) but could you ask them how best to do this?  If you ask early enough they would hopefully have time to recruit someone to replace you.  But if you do ask them and they don't co-operate I'd not try the going off sick routine.

So are you suggesting that the OP defrauds the council (i.e the council tax payers) of a month's salary?

Brie

Undervalued said:

Brie said:

Or going off sick at the beginning of December and resigning while off sick.


So are you suggesting that the OP defrauds the council (i.e the council tax payers) of a month's salary?

Not at all - I would hope that the OP is an honourable person and wouldn't consider doing this.  Handing notice in earlier is the much better option.  Assuming management don't want to co operate.  

Savvy_Sue

They could decline your application to take leave and require you to work your notice, especially as I suspect rotas are worked out in advance.

They would then have to pay you, but I don't doubt that would be cheaper than finding agency staff at such notice.

Are you seriously suggesting saying "here's my notice, and a holiday application, I'm off"? 

pstones578

Savvy_Sue said:

They could decline your application to take leave and require you to work your notice, especially as I suspect rotas are worked out in advance.

They would then have to pay you, but I don't doubt that would be cheaper than finding agency staff at such notice.

Are you seriously suggesting saying "here's my notice, and a holiday application, I'm off"? 

Absolutely.  I'm retiring, what do I care lol.