Quite complicated situation re: resignation notice period. Does anyone know much about employment law?

Question

This is two questions really. I'm going to hand in my notice soon, I have to give 4 weeks and the last week of that is Christmas.

I will be out of the country on annual leave that week. Can they exclude this from my notice period and ask me to come back after my holiday for another week?

If they are OK with me leaving at that time, will I be paid for the Christmas and New Year bank holidays if they fall within my notice period? If so, can they terminate my contract a week early to avoid this, since I'm not coming back after the 22nd Dec anyway, and just give me my remaining holiday pay instead?

Answer 1

Ok, UK Law ...

They cannot terminate your employment earlier than detailed in you terms and conditions of employment, so if you have to give 4 weeks, I shall assume the Company has to give you 4 weeks too.
So, if you hand your notice in, they have to pay up your notice - if you work it or not.

Holiday payments are normally paid pro rata - check your terms to see this is the case with you.
This means that when you hand in your notice, they will calculate the holiday you have accrued to the end of your notice and pay up...if you work it or not. They cant deny your holiday payments under the Working Time Regulations 1998. Bear in mind that if you have taken too much holiday they are entitled to take that money you owe them out of your final monies owed - if you have signed an agreement to permit this.

To answer your questions in summary... if they have agreed your holiday and you have accrued enough they cannot deny this and they will not ask you to stay on another week...the purpose of a notice period is to give your employer 'notice' to say that you are leaving the Company and they may need to re-employ....if your on holiday the last week it doesnt matter...its still notice.

To be honest, with the bank holidays, it really depends on what your terms and conditions say and what is normally custom and practice in the Company you work. But they cannot terminate your notice a week earlier UNLESS they pay you for it but you dont work it.

Answer 2

Whether or not you are on holiday during your notice period is irrelevant (if you are entitled to paid holidays). As long as you are entitled to the holiday, it counts as a worked day and therefore can be included in your notice period. You would be entitled to any bank holidays falling within the period - ie if there was a bank holiday in the week you were off, you would be deemed to have taken four days rather than five. They can terminate your contract earlier, with your permission, and pay you for the rest of your holiday entitlement. Hope this helps.

Answer 3

If the last week of your notice is Xmas week and you're using your holiday entitlement, they can't exclude that from your notice period, no.

Also, you will get paid for Xmas bank hol as you are still officially in employment with them but you won't get paid for the New Year bank hol as you will already have left by then.

You will get any remaining holiday entitlement paid in lieu.

Answer 4

Dont plan to end your employment before christmas, as you stand to lose a bit of money from over the christmas period, i did this a few years ago and lost out on a lot of money.even if you have to go back for a week after chrisrmas, do it just so you dont lose out on money,m coz at the end of the day, who can afford it.