Leaving job - holiday entitlement question
Discussion
The Mrs has worked in a job 4 days a week for the last 8 years, she has now decided to leave. The job is as a Dental Nurse, if it makes any difference.
She has given in her months notice, as per contract and has in theory now got 4 x 4 day weeks left to work until she leaves. She gets the minimum holidays her boss can get away with and having looked up the Government website by the final work day, she will be owed 7.2 days. She borrowed 2.0 days from this year last year so that will leave her 5.2 days owed when she leaves. I can see her boss wanting her to take her holidays off between now and when she leaves to save himself some money. So ………….
Can she legally refuse to take holidays before she leaves if she doesn't want to?
If not can she insist on taking them at the end, so finish/leave early?
Or would she have to take any days as her boss wants her to take whenever it suits him?
She doesn’t want to set herself up for an argument so it would be right handy to know what she legally has to do and what he can insist on her doing?
Many thanks for any input in advance.
She has given in her months notice, as per contract and has in theory now got 4 x 4 day weeks left to work until she leaves. She gets the minimum holidays her boss can get away with and having looked up the Government website by the final work day, she will be owed 7.2 days. She borrowed 2.0 days from this year last year so that will leave her 5.2 days owed when she leaves. I can see her boss wanting her to take her holidays off between now and when she leaves to save himself some money. So ………….
Can she legally refuse to take holidays before she leaves if she doesn't want to?
If not can she insist on taking them at the end, so finish/leave early?
Or would she have to take any days as her boss wants her to take whenever it suits him?
She doesn’t want to set herself up for an argument so it would be right handy to know what she legally has to do and what he can insist on her doing?
Many thanks for any input in advance.
A company can enforce holiday, but it has to give reasonable notice to do so.
A few weeks, it could be argued, is not reasonable notice.
Usually in these situations, an agreement is made to take holiday at the end of the notice period, rather than being paid for it, assuming the person is not required to perform their functions.
A few weeks, it could be argued, is not reasonable notice.
Usually in these situations, an agreement is made to take holiday at the end of the notice period, rather than being paid for it, assuming the person is not required to perform their functions.
Muzzer79 said:
A company can enforce holiday, but it has to give reasonable notice to do so.
A few weeks, it could be argued, is not reasonable notice.
Usually in these situations, an agreement is made to take holiday at the end of the notice period, rather than being paid for it, assuming the person is not required to perform their functions.
OK, well in that case he probably will, he will pick whatever days he can do without her over the next 4 weeks so an not to have to pay her.A few weeks, it could be argued, is not reasonable notice.
Usually in these situations, an agreement is made to take holiday at the end of the notice period, rather than being paid for it, assuming the person is not required to perform their functions.
If it is legally acceptable and it can save him money he will do it.
Muzzer79 said:
A company can enforce holiday, but it has to give reasonable notice to do so.
A few weeks, it could be argued, is not reasonable notice.
Usually in these situations, an agreement is made to take holiday at the end of the notice period, rather than being paid for it, assuming the person is not required to perform their functions.
This ^^A few weeks, it could be argued, is not reasonable notice.
Usually in these situations, an agreement is made to take holiday at the end of the notice period, rather than being paid for it, assuming the person is not required to perform their functions.
My understanding was that what was considered reasonable notice period was equal to the duration of the holiday to be taken. i.e. you could give one weeks notice to ask someone to take a week off, but would need to give 2 weeks notice to ask someone to take a fortnight off.
It is not reasonable for the employee to refuse to take holidays in their notice period without a good reason, and I suspect (not 100% sure) that if you did unreasonably refuse to take them, then they may go unpaid.
Id suggest just taking the holidays during the notice period at an agreed date, enjoying the paid time off, and move on....
Sounds you are both singing off the same hymm sheet then, thanks to both.
So how about this scenario, if on Monday the boss says I would like you to take this Thursday off (eg) would it be considered reasonable for my Mrs say no problem and get in with I would like to take the other 4 days off the last week of my notice period?
Basically taking odd days off scattered over 4 weeks is pointless.
So how about this scenario, if on Monday the boss says I would like you to take this Thursday off (eg) would it be considered reasonable for my Mrs say no problem and get in with I would like to take the other 4 days off the last week of my notice period?
Basically taking odd days off scattered over 4 weeks is pointless.
PabloEscortCar said:
K, well in that case he probably will, he will pick whatever days he can do without her over the next 4 weeks so an not to have to pay her.
If it is legally acceptable and it can save him money he will do it.
Sorry if I've missed something here but how can he not pay her for accrued holiday?If it is legally acceptable and it can save him money he will do it.
Rushjob said:
PabloEscortCar said:
OK, well in that case he probably will, he will pick whatever days he can do without her over the next 4 weeks so an not to have to pay her.
If it is legally acceptable and it can save him money he will do it.
Sorry if I've missed something here but how can he not pay her for accrued holiday?If it is legally acceptable and it can save him money he will do it.
The point of the thread is to find out if she has to take days off before then, regardless of whether she wants to or not.
The answers above would suggest the answer is yes.
Given the choice she would just finish 5 days earlier, her boss doesn't want that because it doesn't suit him.
PabloEscortCar said:
So how about this scenario, if on Monday the boss says I would like you to take this Thursday off (eg) would it be considered reasonable for my Mrs say no problem and get in with I would like to take the other 4 days off the last week of my notice period?
Yes, both his and her request would be reasonable. The key is maintaining good relations whilst serving your notice. Its not in her interest to fall out with her employer and have horrible working environment, especially in such close proximity to her boss I suspect given the role. Both parties should remain respectful of the other parties needs and wishes.
Muzzer79 said:
A company can enforce holiday, but it has to give reasonable notice to do so.
A few weeks, it could be argued, is not reasonable notice.
Usually in these situations, an agreement is made to take holiday at the end of the notice period, rather than being paid for it, assuming the person is not required to perform their functions.
She can hardly argue that he hasn't given her sufficient notice when the limiting factor is the notice period she has given - she should have expected to be asked to take any holiday she is owed before she left. A few weeks, it could be argued, is not reasonable notice.
Usually in these situations, an agreement is made to take holiday at the end of the notice period, rather than being paid for it, assuming the person is not required to perform their functions.
Maybe she should have spoken to her employer about it before giving her notice in, with that knowledge she could have delayed the notice by the amount of holiday she has and booked it to take just before she left - same leaving date and paid for holiday!
PabloEscortCar said:
Can she legally refuse to take holidays before she leaves if she doesn't want to?
The company has to give notice of a holiday to be taken (see here https://www.legislation.gov.uk/uksi/1998/1833/regu... it is not as much notice as you might thinkBut yes they can require it.
Jasandjules said:
The company has to give notice of a holiday to be taken (see here https://www.legislation.gov.uk/uksi/1998/1833/regu... it is not as much notice as you might think
But yes they can require it.
The link doesn't seem to work but thanks for the reply anyway.But yes they can require it.
To sum up, from what is being said it would seem she has to take holiday regardless of if she wants to in the notice period if she is asked to, subject to probably not much notice.
Jordie Barretts sock said:
You are correct. But it doesn't need to be a drama.
Just agree the days ASAP and everyone is happy.
If thems are the rules, no problem, she just wants out of there.Just agree the days ASAP and everyone is happy.
She only gets 4 weeks holiday a year and her boss has recently decided from now on he will be telling her when she can take her holidays, whether this is legal or not I consider it unreasonable. In 8 years she has had half a day off sick and was asked to make the time up - she can find a better employer than that.
PabloEscortCar said:
he link doesn't seem to work but thanks for the reply anyway.
To sum up, from what is being said it would seem she has to take holiday regardless of if she wants to in the notice period if she is asked to, subject to probably not much notice.
https://www.legislation.gov.uk/uksi/1998/1833/regulation/15To sum up, from what is being said it would seem she has to take holiday regardless of if she wants to in the notice period if she is asked to, subject to probably not much notice.
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