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Thread: Annual Leave during notice period

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  1. #1
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    Default Annual Leave during notice period

    Hi,

    Wondering if anyone can please offer some advice/guidance on a predicament I find myself in.

    At the end of June I was offered a job which was too good to turn down. Of course I accepted the offer and handed my notice into my current employer. I had a 12 week notice period and it was verbally agreed with my manager that I could take 10 days of accrued annual leave at the end of my notice period, so essentially only working 10 weeks of the notice.

    Based on the above agreement, my last in the office was supposed to be 18th August. Yesterday however, my manager took me into a meeting and said they can no longer allow me to take the annual leave I am due, so I have to work until 1st Sep and they would pay me for the annual leave I can't take. The issue this creates now is that I confirmed with my new employer I would start work 21st August, as they needed me to start ASAP.

    What are my options now? Do I have the right to turn down their offer of paying my the annual leave? There wouldn't be an issue had they of told me this at the start, i really don't want to have to tell my new employers that I can't start on the date I promised I would at such short notice. I was advised by a friend that I could sign off sick for two weeks but I really don't want to go down that route (as in 5 years of being there I've only ever had 2 sick day off).

    Sorry also forgot to mention, I have nothing in writing regarding my leaving date. I sent my notice via email and specifically asked if we could confirm a leaving date. I didn't receive anything back, just the sit down with my manager when he agreed I could add my annual leave to my notice period.

    Any advice would be much appreciated.

    Thanks

  2. #2
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    Default Re: Annual Leave during notice period

    tagging @Ula @mariefab ... they should be able to advise xx
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  3. #3
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    Default Re: Annual Leave during notice period

    I would go for the previous verbally agreed terms. There is nothing in writing for both. As you are leaving then what can they really do about it?

  4. #4
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    Default Re: Annual Leave during notice period

    Thanks both

    Quote Originally Posted by ostell View Post
    I would go for the previous verbally agreed terms. There is nothing in writing for both. As you are leaving then what can they really do about it?
    Exactly my thoughts and that's what I am aiming to do. Speaking to a senior member of staff there, who's also a good friend outside of work, he also said there isn't much they can do about it. He said that it won't be worth the effort in pursuing it.

  5. #5
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    Default Re: Annual Leave during notice period

    I suggest you go back to your current employer by email and explain that in the absence of a written response to your resignation confirming your last working day to be 18 August, prior to taking two weeks holiday to complete your notice, you have relied on the verbal agreement with your manager of (add in date this took place if you can remember this). Explain that they have left it very late to notify you that you cannot take your holiday and you have plans which cannot be changed.You do not obliged to say what the plans are.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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  6. #6
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    Default Re: Annual Leave during notice period

    Quote Originally Posted by Ula View Post
    I suggest you go back to your current employer by email and explain that in the absence of a written response to your resignation confirming your last working day to be 18 August, prior to taking two weeks holiday to complete your notice, you have relied on the verbal agreement with your manager of (add in date this took place if you can remember this). Explain that they have left it very late to notify you that you cannot take your holiday and you have plans which cannot be changed.You do not obliged to say what the plans are.
    Thanks Ula. I'll get an email sent to HR (CC my manager) first thing tomorrow morning.

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