Handing in my notice - accrued holiday?

[w00tman]

Finally hit breaking point with my job after answering my blackberry and receiving a verbal b*llo*ing from the boss for daring to be off work ill. Woe is me, etc etc.

So - went and got another job yesterday - fantastic.

I have a one month contractual notice period and I am due to start my new job on 1st August. I also have accrued three weeks (15 days) of holiday I have been unable to take as the delightful individual I work for keeps cancelling them on me.

My question: If I hand in my notice one the 1st of July, am I able to say "this is my 1 month notice, of which I have 15 days of accrued holiday, so this is essentially the last week you will see me in the office" or can they prevent me taking this accrued time?

I know they can theoretically pay me in lieu for time not taken when I go, but can they insist on this? despite the very welcome addition of the cash this would bring (I'm taking a c.60% pay cut in moving) I'd rather boil my head than go back in that office, so would prefer to use my accrued time to avoid this.

I've done some googling and it doesn't seem very clear. The staff handbook doesn't say either way, and despite working in a company that employs c.#200k staff across the globe, our HR intranet doesn't cover this eventuality!

Thanks all

[AyBee]

I suspect they are within their rights to pay you the holiday and make you work your notice unfortunately but IANAL.

[vanordinaire]

Can't you take the holiday now then hand in notice as soon as you get back, making such a nuisance of yourself that they send you home on garden leave? Win win for you

[Beetnik]

w00tman said:

My question: If I hand in my notice one the 1st of July, am I able to say "this is my 1 month notice, of which I have 15 days of accrued holiday, so this is essentially the last week you will see me in the office" or can they prevent me taking this accrued time?

If it's statutory holiday the answer is yes, you can take it as you describe and they can't prevent you - i.e. if it relates to the minimum of 28 days leave. If you get more than that then the bit that's not statutory may be subject to a different arrangement. But statutory holiday is just that - statutory!

[mike9009]

Looks like burning bridges......??

[Greshamst]

(sorry to hijack the thread)
I'm in a similar situation where I'm going to be handing my notice (one month's notice) in, but have 9 days holiday left.

Only problem is i'm going to be leaving them even more in the st if I take my holiday. I'm in a team of 3, one of the team had their last day on Friday, and we haven't got anyone to replace them yet, so i'll be leaving one person to do the work of three people, and have to train 2 new people up eventually.

I don't want to screw the team over by leaving them in the st, and I want to leave on good terms, as i'm going contracting and would like the option to come back further down the line, either as a contractor or permanent, but I'd also definitely appreciate some holiday before starting my new role.

But just to clarify, if I've got 9 days accrued and untaken, of my 25 annual days, I can take these, and they can't block me from doing so?

[edc]

Greshamst said:

(sorry to hijack the thread)
I'm in a similar situation where I'm going to be handing my notice (one month's notice) in, but have 9 days holiday left.

Only problem is i'm going to be leaving them even more in the st if I take my holiday. I'm in a team of 3, one of the team had their last day on Friday, and we haven't got anyone to replace them yet, so i'll be leaving one person to do the work of three people, and have to train 2 new people up eventually.

I don't want to screw the team over by leaving them in the st, and I want to leave on good terms, as i'm going contracting and would like the option to come back further down the line, either as a contractor or permanent, but I'd also definitely appreciate some holiday before starting my new role.

But just to clarify, if I've got 9 days accrued and untaken, of my 25 annual days, I can take these, and they can't block me from doing so?

A company can always refuse your holiday request. Regardless of you leaving, you cannot unilaterally decide when to take holiday. As per your normal process you will typically make a request and it is agreed/approved or even rejected.

[mph1977]

they'll either let you take them or pay you out for them in your final pay

[randlemarcus]

Is that 9 days left of your annual amount, or 9 days left of the leave accrued to now, during this leave "year"? Might be that you owe them

[Greshamst]

randlemarcus said:

Is that 9 days left of your annual amount, or 9 days left of the leave accrued to now, during this leave "year"? Might be that you owe them

9 days leave accrued to now thankfully, I've got 19.5 days left for the whole year (jan- dec).

I have a feeling they'll probably block my holiday request then if it's all their choice.

[Jefferson Steelflex]

They have the right to refuse your holiday request, but cannot continually do so, and in this case I would just tell them you are taking your 15 days within your notice period, put it in writing as part of your resignation letter. Also make clear that you have had requests for holiday turned down this year already. This shows you have not intentionally built up holiday should issues arise down the line (I know I'm a pessimist but these things do end up in tribunals sometimes).

Assuming you have a decent HR setup, you could talk to them first, but even so you should just assert your request and see what happens. You may have a generous sickness policy, so in the end if you get a load of hassle, go off sick and get paid the holiday at the end - win, win.

[mike9009]

swerni said:

mike9009 said:

Looks like burning bridges......??

I'd disagree completely.
Taking or expecting to be paid for accrued holiday isn't a hostile gesture, it's what's to be expected.
You'd be mad not to.

I think the OP wanted to take all fifteen days accrued and leave after five days of handing in his notice?

I see it as a negotiation. Suddenly leaving after five working days may leave the company in the st. I would take a position of proposing taking all the accrued holiday and gauge reaction. (They might want rid of the OP anyway).

If they would like the OP to stay a while longer (another week or so?)and paying for the accrued holiday, then it may just stop the bridges being burnt (plus another weeks pay to boot).

Maybe I am too soft, but this is the way I approached my three month notice period and negotiating it downwards. No hard feelings, mature planned transfer of workload and I suspect I would be employed again if an opportunity arose or I needed new work.

Mike

[audi321]

You say you're starting your new job 1st August.

So do you want to have extra time off? I'd discuss it with the pillock of a boss and say he can decide. Annual leave now and 5 days notice, or full notice and he pays you holiday pay on top. Put the ball in his court....but get it in writing (or email).

[w00tman]

Sorry for the delayed response all - forgot to turn on email notifications!

Thanks for all replies - tomorrow is the day I hand in my notice and, given the messages above, I think many of you have a fair point.

I'm going to say that I'm happy to work but paid in lieu or take the time - I think you're right, I don't want to leave them in the sh.. even if it's my arse of a boss' own doing, it's no one else's fault and I dont want to punish my co-workers who will have to pick up the slack.

I want paying in lieu if I cant have it though, cant imagine that will be a problem however.

Slightly ironically I found out on thursday that my department are very likely to be closing and I would either lose my job or be relocated 40 miles down the road - which adds 60+ minutes to my commute. So, not an especially big loss overall.

Thanks all.

[mike9009]

w00tman said:

Sorry for the delayed response all - forgot to turn on email notifications!

Thanks for all replies - tomorrow is the day I hand in my notice and, given the messages above, I think many of you have a fair point.

I'm going to say that I'm happy to work but paid in lieu or take the time - I think you're right, I don't want to leave them in the sh.. even if it's my arse of a boss' own doing, it's no one else's fault and I dont want to punish my co-workers who will have to pick up the slack.

I want paying in lieu if I cant have it though, cant imagine that will be a problem however.

Slightly ironically I found out on thursday that my department are very likely to be closing and I would either lose my job or be relocated 40 miles down the road - which adds 60+ minutes to my commute. So, not an especially big loss overall.

Thanks all.

Best of luck in the new role

Mike

[Greshamst]

Well my work didn't let me take any of my holiday, and also insisted on a calendar month's notice period, as opposed to 4 weeks, so I've got no time off between roles whatsoever.
I know these things are all part of my contract, but it would have been nice for them to be a little flexible, or at least let me have 1 day off. Remind me not to go into a role with key man dependency again.

[0a]

Greshamst said:

Well my work didn't let me take any of my holiday, and also insisted on a calendar month's notice period, as opposed to 4 weeks, so I've got no time off between roles whatsoever.
I know these things are all part of my contract, but it would have been nice for them to be a little flexible, or at least let me have 1 day off. Remind me not to go into a role with key man dependency again.

That's life I'm afraid.

I always encourage people who join my team to take at least a week between roles (and I am happy to take the hit of them joining later) as I do think it's best to have a break. Get a few months under your belt and then take a holiday!

[Greshamst]

Luckily I've had 2 weeks booked in Costa Rica in October since the beginning of the year, that the new employer are ok with me taking. Only bad thing is obviously that's quite a few months away, and also this is my first time contracting, so taking quite a hit with no holiday pay!

Still, onwards and upwards, can't wait for both the new job, and Costa Rica