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Notice period and holidays

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  • Savvy_SueSavvy_Sue Forumite
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    You do know you won't get your state pension at 64?
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  • ExodiExodi Forumite
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    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.
    Odd to work for 2000-2500 weeks across your life, but decide that you couldn't possibly work another 4 to conclude your notice.

    Is there bad blood between you and your employer?

    As an employer myself, I think if this stunt was pulled on me, especially if there wasn't cover, I would defintely be considering my options for recourse...
    Know what you don't
  • pstones578pstones578 Forumite
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    Savvy_Sue said:
    You do know you won't get your state pension at 64?
    I do, I'm okay to cover the 2 year gap.
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    Peter Stones
  • pstones578pstones578 Forumite
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    Exodi said:

    Odd to work for 2000-2500 weeks across your life, but decide that you couldn't possibly work another 4 to conclude your notice.

    Is there bad blood between you and your employer?

    As an employer myself, I think if this stunt was pulled on me, especially if there wasn't cover, I would defintely be considering my options for recourse...
    No bad blood, just had enough and working out the options.  Thanks.
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    Peter Stones
  • biscan25biscan25 Forumite
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    Exodi said:
    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.
    Odd to work for 2000-2500 weeks across your life, but decide that you couldn't possibly work another 4 to conclude your notice.

    Is there bad blood between you and your employer?

    As an employer myself, I think if this stunt was pulled on me, especially if there wasn't cover, I would defintely be considering my options for recourse...
    Such recourse may not be forthcoming. A family friend was in the exact same position, his only employee resigned and left the country. He took legal advice, which stated it is all but impossible to prove losses, as contracts cannot require you to produce a certain level of output at work (you can't be in breach for being a lazy bum), so actually he was somehow legally better off as he didn't have to pay any wages. There are cases that have been successfully applied, but that is where there is an explicit term for a deduction where the employee fails to work the notice, and this amount is reasonable and not a penalty.

    But OP, if they say no, offer to work the notice, it makes life easier for everyone. Ultimately though, the employer won't want someone there who is desperate to leave, so have a polite conversation with them. I negotiated three weeks off my 3 months notice this way. I still twiddled my thumbs wfh for a month of the notice period as they didn't allocate me any work.
    Pensions actuary, Runner, Dog parent, Homeowner
  • UndervaluedUndervalued Forumite
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    biscan25 said:
    Exodi said:
    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.
    Odd to work for 2000-2500 weeks across your life, but decide that you couldn't possibly work another 4 to conclude your notice.

    Is there bad blood between you and your employer?

    As an employer myself, I think if this stunt was pulled on me, especially if there wasn't cover, I would defintely be considering my options for recourse...
    Such recourse may not be forthcoming. A family friend was in the exact same position, his only employee resigned and left the country. He took legal advice, which stated it is all but impossible to prove losses, as contracts cannot require you to produce a certain level of output at work (you can't be in breach for being a lazy bum), so actually he was somehow legally better off as he didn't have to pay any wages. There are cases that have been successfully applied, but that is where there is an explicit term for a deduction where the employee fails to work the notice, and this amount is reasonable and not a penalty.

    But OP, if they say no, offer to work the notice, it makes life easier for everyone. Ultimately though, the employer won't want someone there who is desperate to leave, so have a polite conversation with them. I negotiated three weeks off my 3 months notice this way. I still twiddled my thumbs wfh for a month of the notice period as they didn't allocate me any work.
    A pragmatic approach to that, used by some employers, is simply to deduct a "reasonable" sum from the employee's final pay. That leaves the employee having to take legal action to recover the money, if they feel they have grounds.

    Remember too that an employer is not obliged to provide a reference and the popular myth that "you cannot give a bad reference" is just that - a complete myth!

    You never know when something can come back to bite you.....
  • Savvy_SueSavvy_Sue Forumite
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    A pragmatic approach to that, used by some employers, is simply to deduct a "reasonable" sum from the employee's final pay. That leaves the employee having to take legal action to recover the money, if they feel they have grounds.
    That would certainly put a bit of a dampener on the OP's plans to have a paid holiday throughout the month of December. 
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  • TBagpussTBagpuss Forumite
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    As others have said, they could potentially require you to work some or all of your notice and pay you for any untaken leave.
    It seems likesomething that will cause more problems for you collegaues than for your employer. I think in your place I would give notice slightly erlier so that there was at least a week between giving notice and my last day. Otherwise the risk is that they will refuse the holiday request, to give them time to adjust rotas etc. 

    Maybe speak to your manager a week or so before and tel them you are planning to retire shortly and to comply with the policy propose to take the4 weeks of dececmber to use up your accued leave. If they sayyou cant do that, then you can either give your notice imemdiately, in which case it would expirre mid dcember and you'd still havecrhsitmas off, or they agree and you can formally give your notice and leave at the end of November, but they've had time to re-jig the rotas.

     
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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