Employment law and notice periods

[toxgobbler]

Need some help if anyone has any clues. My other half has just resigned and has a 3 month notice period, she has also just found out that if she takes any of her leave entitlement, they will add those days taken at the end of the notice period. As she has 12 days leave and would like to take them, it would then extend her notice period by 12 days. Is this normal/legal? Should we try and challenge it? How enforceable is the full notice period, can she just walk are they likely to take her to court?

[ANS2vrs370]

My 2p

Can't answer the holiday question I assume they are talking bull as never heard this one before.

I walked out of my last job 6 weeks into a 6 month notice period, this was done by agreement (eventually). The questions that need answering are

How much does she need the company in the future (never burn your bridges unless you are sure)?

How big is the company?

Is she part of a bigger team all doing the same job?

I needed to be in my new position 8 weeks from handing my notice in so stated in my resignation letter that I would be leaving in 4 weeks. This caused some waves and I was threatened with legal action. The summation of the civil case is that the company you are leaving has to show financial damage by her actions (hence the questions above) if not then they do not have a leg to stand on. Proving loss is very difficult even if a board/senior manager leaves and the number of people prosecuted for this is tiny.

If she is leaving to go to a competitor then this can be different.

I opened up dialogue with my last MD and we negotiated on 6 weeks to help him out leaving me two weeks of free time in between which was perfect! It also helped that they were shutting another part of the company which was in the press everyweek and my threat to call the local news desk may have influenced him.

Hopefully this helps until someone more knowledgeable comes along.

Edit: and able to spell first time!

Edited by ANS2vrs370 on Monday 17th January 12:23

[worsy]

toxgobbler said:

Need some help if anyone has any clues. My other half has just resigned and has a 3 month notice period, she has also just found out that if she takes any of her leave entitlement, they will add those days taken at the end of the notice period. As she has 12 days leave and would like to take them, it would then extend her notice period by 12 days. Is this normal/legal? Should we try and challenge it? How enforceable is the full notice period, can she just walk are they likely to take her to court?

Probably on the basis that agreeing leave is at the discretion of her manager/the company. Effectively they are paying her for the leave rather than reducing notice.

Walking away is an option but as previous poster says, burning bridges and all that. It's unlkley she would be taken to court unless the company is likely to suffer some material loss as a result of her leaving early.

[c8bof]

Legal? Yep. Contractual? Probably - what does her contract say? I know mine has a similar clause written in to get the full benefit of the notice period to allow for recruitment of new staff member, handover, tying up loose ends, etc.

Best thing she can do is negotiate nicely to see if she can leave earlier than the contractual period.