Notice and holidays at the same time 2 December 2022 at 3:38PM in Employment, jobseeking & training 3 replies 235 views

Cindymic23

Hello,

I will give my notice next week. Contract says 4 weeks notice after probation, subject to 1 week per year worked. Holidays are from January to December 28 days.
I have 3 weeks holidays booked for January, but I haven't worked for them yet, right?
The office is closed for Christmas and NYE (1 week), so together the office closure and my holidays sum 4 weeks...how does this works? I'm not sure about the holidays payment, so I think I will just not receive as I will not be entitled to that, correct?
In case they want me to work the extra 2 weeks for years of employment, these days will accrue some sort of holiday balance. Oh so confusing, I also sold 2 days holidays and will bring forward 2 days from 2022 to 2023.

General_Grant

Cindymic23 said:

Hello,

I will give my notice next week. Contract says 4 weeks notice after probation, subject to 1 week per year worked. Holidays are from January to December 28 days.
I have 3 weeks holidays booked for January, but I haven't worked for them yet, right?
The office is closed for Christmas and NYE (1 week), so together the office closure and my holidays sum 4 weeks...how does this works? I'm not sure about the holidays payment, so I think I will just not receive as I will not be entitled to that, correct?
In case they want me to work the extra 2 weeks for years of employment, these days will accrue some sort of holiday balance. Oh so confusing, I also sold 2 days holidays and will bring forward 2 days from 2022 to 2023.

How long have you worked there?  You write of "extra 2 weeks for years of employment".  So have you completed six years of employment there?  Is the "1 week per year worked" referring to notice required to be given by the employer (which is legal requirement) or also what you have to give?

You mention having "sold" 2 days holiday.  Unless you normally work fewer than 5 days a week, you have only statutory (28 days) entitlement and you shouldn't  be able to do that but it sounds as though you were  happy enough to do so.  Do you work 5 or more days a week?  Do you get bank holidays in addition to the 28 days or are any bank holidays not worked deducted from the 28?

If you hand in your notice on Monday (5th December), your  4 weeks notice would have your last day of employment as Monday, 2 January which is a bank holiday.  I'll assume you get that as part of your 28 days holiday.  If you have to give notice of six weeks, your last day employed would be Monday, 16 January. 

What dates are the three weeks you have booked for January?

Your answers to the above questions can lead to further response.

silvercar

Are the 3 weeks holiday in January out of the 2023 holiday year or 2022 (some employers allow a carry forward)?

Assuming they are for 2023, then you haven't worked them. If you want to use the 2 days you brought forward, then incorporate them in the last 2 working days. eg if you have to give 4 weeks notice and want to leave before the Xmas break, then you say your last date will be January 4th and you would like to take as annual leave the 3rd and 4th. Office is closed for Xmas week, so presumably that comes out of your 2022 holiday allowance. So your last day of actual work will be Friday 23rd December and you should get paid to 4 January 2023.

If however the January holiday is from 2022 annual leave carried over and you have the 2 days carried forward on top of that, then you say that your last day will be 2 days after your holiday but you would like to take the 2 days carried forward as your annual leave and so your last day of work will be 23 December, but you should get paid to 24 January.

General_Grant

silvercar said:

Are the 3 weeks holiday in January out of the 2023 holiday year or 2022 (some employers allow a carry forward)?   The OP says just 2 days are being carried forward to 2023.  Brought forward days are always used up first.

Assuming they are for 2023, then you haven't worked them. If you want to use the 2 days you brought forward,  then incorporate them in the last 2 working days. eg if you have to give 4 weeks notice and want to leave before the Xmas break, then you say your last date will be January 4th and you would like to take as annual leave the 3rd and 4th. Office is closed for Xmas week, so presumably that comes out of your 2022 holiday allowance. So your last day of actual work will be Friday 23rd December and you should get paid to 4 January 2023.

If however the January holiday is from 2022 annual leave carried over and you have the 2 days carried forward on top of that, then you say that your last day will be 2 days after your holiday but you would like to take the 2 days carried forward as your annual leave and so your last day of work will be 23 December, but you should get paid to 24 January.

Perhaps the OP will read replies on Monday (today) as  they haven't logged in since beginning the thread.