can a company extend my notice period?

[keithmiller9]

My current contract of employments states that I must give "one calendar months notice of my intention to leave" which I did on the 18th July. It gives the following example "If you hand your notice in on the 19th, then notice period will begin on the follwing day - the 20th,and expire on the 19th of the following month."

However I have two weeks holiday which were booked and agreed by management back in May which cover two weeks of the notice period, from July 31st to August 10th.

Obviously according to the above notice period my final day should be on the 18th August, which is the date i need to leave as my new job starts on the 21st August. However, my HR department are now claiming that I have to give "four clear weeks" notice and claiming that as my holiday falls in the notice period, I will either have to cancel my holiday (which obviously I cannot now do without losing the full cost I have paid for my holiday) , or I will have to work the additional time my holiday covers and I cannot leave until the end of August.

I have only taken 3 days of this years holiday entitlement so far, and am still currently owed 11 days, upto the middle of august, so the two weeks I am taking off, is within the amount of holiday i have owing to me.

Could you please advise if they can extend my notice period in this way, as the contract does not mention anywhere that if holidays have been agreed in advance, of notice being given then the notice period can be extended.

[cascarelli]

No, that's not reasonable. You gave more than the 4 weeks notice required as per your contract.

Does your contract state that you cannot take holiday during the notice period? Unlikely.

Leave on the day stated, they can't force you to work extra. If they make an unreasonable deduction from your pay you would have every right to go to the small claims courts to be recompensed.

[keithmiller9]

No the contract doesn�t explicitly state that holiday cannot be taken during the notice period, but it does state that they can refuse holiday if it does not fit in with business needs�..now they claim that circumstances have changed and therefore the previous holiday agreement is no longer valid and I cannot take holiday for those two weeks, unless I add a further two weeks to my notice period � not sure where I stand legally with handing in my notice

[Kerplunk]

Just leave and stick 2 fingers up at the HR Dept.

[mccfluff]

leave as planned but tell them that you think they are being unreasonable i.e before you handed in your notice there was no problem with you having the holiday and inform them if they deduct pay that you will take them to court or a tribunual usually the threat of this will get them to behave

[thugulike]

You are entitled to your holiday and make sure your company knows that you will leave on the date you stated. If they try to withold any money you are entitled to take advice from CAB. An ET1 is an application to tribunal and I would think your case would be unlawful deduction from wages. Take your advice and quietly make sure HR have that information from you IN WRITING and keep a copy. Do you already have a reference or may you need a reference from the company in the future? Just a thought....

[keithmiller9]

That is one of the problems, at the moment, My new employer has not received a referene from my current employer as I have only just given them the details ! So I can afford to upset them too much, also I dont want my new employer to get the impression I'm a trouble maker , which Im not, it just annoys me when I'm being stitched up like a kipper because my current employer does not have anyone to replace me, and I am the only person in the office of 90 people who knows how to do my job !

[cat66]

You have given your statutory four weeks notice, so you can leave on the day you wish. You can also take your holiday during the notice period as planned. Unless it clearly states in your contract of employment that holiday cannot be taken during a notice period, there is nothing your employer can do about it. If you take it, what are they going to do? You are leaving anyway so they can't sack you. The worst thing they can do is give you a verbal warning. Take your holiday and have a good time, totally ignore their threats, they are just trying to frighten you. If your employer refuses to pay holiday pay that you are entitled to, take them to an industrial tribuneral. They haven't got a chance in hell of winning, the court will back you all the way as it is a legal requirement for them to pay you pro-rata 20 days per annum. Do check your entitlement first though, because if you haven't worked a full year you will only get the relevant entitlement for the period you have worked during the year. Don't forget you are only going to work two weeks of your notice. I wouldn't suggest as one person did to sticking two fingers up to them. It is not worth leaving your employment on bad terms, as you may want your employer to give you a reference at some future date. Keep the peace, and walk away gracefully.

[Amara]

You could call ACAS on 08457 47 47 47 or check their website

www.acas.org.uk

They will be able to give you the correct advice

[thugulike]

Cat66 the Working Time Regulations state 4 weeks holiday not 20 days.