Holiday in lieu of notice ...

lclem71

After a period of being undermined I finally resigned my local parish council job of 10 years in February. I gave over the 12 weeks notice my contract asked for and agreed to use 2 weeks holiday as part of this.  Now because they haven't got my replacement ready (despite  20 weeks of constant reminders, notes and outside advice) someone at work  has JUST told me they now expect me to work and be paid for my holiday ... starting tomorrow!   My new job starts Monday.
Can they now make me work during agreed holiday??  

Marcon

lclem71 said:

After a period of being undermined I finally resigned my local parish council job of 10 years in February. I gave over the 12 weeks notice my contract asked for and agreed to use 2 weeks holiday as part of this.  Now because they haven't got my replacement ready (despite  20 weeks of constant reminders, notes and outside advice) someone at work  has JUST told me they now expect me to work and be paid for my holiday ... starting tomorrow!   My new job starts Monday.
Can they now make me work during agreed holiday??  

Nobody could 'make' you do so - they are hardly going to tie you to the desk!

Happily the law comes to your rescue: the employer must give at least the same length of notice before the start of the annual leave as the length of the annual leave.

Undervalued

lclem71 said:

After a period of being undermined I finally resigned my local parish council job of 10 years in February. I gave over the 12 weeks notice my contract asked for and agreed to use 2 weeks holiday as part of this.  Now because they haven't got my replacement ready (despite  20 weeks of constant reminders, notes and outside advice) someone at work  has JUST told me they now expect me to work and be paid for my holiday ... starting tomorrow!   My new job starts Monday.
Can they now make me work during agreed holiday??  

If the holiday was agreed then they can only cancel it by giving you notice of equal (or greater) length to the holiday they want to cancel. Providing they do that then yes they can cancel it against your wishes, require you to work and pay you in lieu.

DullGreyGuy

Employers can cancel your holiday but they must give notice that is at a minimum the length of holiday you had booked. ie if your holiday was 2 weeks they'd have to give you two weeks notice. 

Obviously you'll need to double check that the holiday request was formally approved and that they hadn't mentioned it being cancelled earlier and you missed it. 

Secondly, you title the thread as "in lieu of notice" but isn't what you've asked for, you've asked to take holiday and so you are still an employee until the end of the holiday period. As such you are trying to hold two jobs at the same time. Does your current contract of employment allow you to work for someone else at the same time? Often you'd need to get their permission to do this, did you do that? Similarly your new employer is likely to have similar terms, did you get their agreement to you having two jobs at the start of the contract?

TELLIT01

It's highly unlikely I think that a parish council would taking the OP to court when it can clearly be shown that what they are trying to do breaks employment law.  If I was the OP I would simply say that the original agreement holds and they will not be returning.

General_Grant

lclem71 said:

After a period of being undermined I finally resigned my local parish council job of 10 years in February. I gave over the 12 weeks notice my contract asked for and agreed to use 2 weeks holiday as part of this.  Now because they haven't got my replacement ready (despite  20 weeks of constant reminders, notes and outside advice) someone at work  has JUST told me they now expect me to work and be paid for my holiday ... starting tomorrow!   My new job starts Monday.
Can they now make me work during agreed holiday??  

Not ideal but could you work both?  That is, do both jobs need to be done in the same hours?

sheramber

Did your resignation notice include a last day of employment?  

Jaguar98

Your employer needs to give as much notice as your holiday period if they want to cancel it, but check your contract and talk to them about sticking to the agreed holiday.