Reply With QuoteAFAIK, yes. Do you expect to be paid for your outstanding leave when you actually leave? Best thing to do is say you'll take it as the last eight days
of your notice period, meaning you're on call for two & a bit weeks, then free.
Today I handed in my resignation. I have since been told that I will not be required in the office but on standby, so effectively, gardening leave. My notice period is 4 weeks. I have given this. They are however Insisting I take my accrued 8 days holiday in this 4 weeks. Do i have to take them?
AFAIK, yes. Do you expect to be paid for your outstanding leave when you actually leave? Best thing to do is say you'll take it as the last eight days
of your notice period, meaning you're on call for two & a bit weeks, then free.
______
Jim.
It's either that or I get paid for them. They want me to be on call for 10 days, take my 8 days holiday, be on call for 2 more days then I'm free.
handed my notice in on monday too 8)
Wish I had gardening leave :shock: i'm just doing as little as possible with my 'what you going to do, sack me?' look :lol:
If you have the option of taking them or get paid its win win isn't it...? i've been told to take my one remaining day which i'm very happy to do.
Good luck for you new job :thumbright:
That's the thing, I don't have that option. The want me to be on call for the first 2 weeks of my notice period, then take my 8 days holiday, whilst still being employed by them, then the last 2 days on call before I am finally free.
What i think is that they should either pay me for my 8 days holiday, or i am on call for 2 weeks and 2 days then I am free to work for my new company.
I can understand your view...but look at it this way - until you have worked your notice you are still an employee, and as such your employer is free to dictate how they wish too utilise you (as long as it is within your contracted T&C). So,although it's not the most convenient option for you,i don't think there is much you can do.
ah i see your problem. I guess whist you are still employed they can turn down holiday requests if they have a good business related reason even if you are on your notice, if guess you feel they are doing it just to awkward...?
Certainly not a HR expert so got not suggestions, other than there are lots of illnesses going round this time of year, would be terrible if you caught the flu just before your last 2 days :wink:
Working is giving you work related stress, so see the quack for a three week note - shimples! :lol:
Lets look at it a different way. I have to work my 4 weeks notice in the office. I have 8 days holiday and they insist I take the last 8 days of my notice period as holiday. The also tell me I cannot work for anybody else untill my 8 days of holiday are over.
Can they do this?
Originally Posted by easty-5
What does your contract state, that's the easiest way of clearing that up, most workers in the UK can have more than one job if they wish, unless it's explicitly stated in their contract that they have to clear it with their primary job, or if there's a conflict of interest and so on.
I'd be more worried about what you'll leave with, i.e. references and so on, if it's not a good break, then you may have problems with references and so on from the previous job.
I will need to look over my contract. No problems regarding references. My new employers know just how much of an arsehole my current employer is and just how akward he is. I am moving to another company within our group. It isn't a clean break and i want things to be as difficult as possible for them. As soon as I am finished with them I will have no qualms telling them exactly what i think about them. I loathe nobody else as much as these two idiots who I have had to put up with for 4 years. :x
Satisfying as it might seem I would not recommend doing this, It's amazing how small the employment wolrd is and you dont want to do anything that may come back to haunt you at a later point..one way or the other ..
always be a good boy on your way out, you never know who you will meet on the way in. :wink:
If they called me "Sorry I'm sick" I have worked with a few people who were signed off during their gardening leave - or even their notice period - I found it funny - they didn't want to be there and would have cased more hassle than they were worth.
It's just a matter of time...
It's shite like this that is crippling industries, :evil: :evil: :evil:
I hear Burger King are no better
RIAC
They can do that because they aren't asking you to work your notice, the notice period has nothing to do with it. The easiest way around it is to agree, as you have no choice, but to phone in sick, as they can't force you to take hols when sick, you would then be entitled to be paid outstanding hols. You can self cert a week approx, you would need a doc note for the rest, assuming your are suffering from stress as you indicate you are.............
Back to basics first , my understanding is that you cant be put on garden leave unless the T & C of your contract allow this.
This
I trust that was a joke :roll:
Why would anyone object to being put on garden leave if given the option?
Andy
Wanted - Damasko DC57
A contract doesn't exist that doesn't allow for gardening leave. You can't force an employer to allow you to work, they would just suspend you for failing to carry out a reasonable request until the notice period ends. Or they just send you home insisting you aren't in the right mental state. An employer can force you to take your hols, but the cant force you to take hols when off sick.
I will nip in and pick up my contract today whilst nobody is in the office, but would I be correct in saying your employer has to give you a said amount of notice before having to take holidays?
You have handed in your notice and you are owed 8 days holiday. If this is correct it seems what you are saying is your employer has asked you to take the 8 days during your notice period, they've told you they don't want you in so in effect they've given you a further 12 days off anyway. This seems pretty reasonable to me. Why are you worried about it? You need to look at the bigger picture. You'll presumably want references from your old employer? My advice is move on with your life, concentrate on the next job and not the one you are leaving.
I agree, I would be protecting the reference rather than worrying about the holiday. It's good practice to always try and leave on good terms
My understanding of what you're saying is that you're miffed because they won't pay you for your holiday leave (as they're insisting you take it whilst on gardening leave) and that you can't start your new job early.
If so, just take it on the chin, enjoy your time off, do the stuff around the house/garden that you've been putting off, get up late, watch day time TV, don't shave etc & just run the clock down.
Be polite and professional and let them be as arsy as they like, you not rising to the bait will annoy them far more than you fighting them, they'll enjoy the latter.
When you start your new job you want to be spending your energies building a new future, not wasting time thinking about the past and fighting ongoing battles.
Let it go, enjoy, and good luck for the future.
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