Can I take my 2 owed weeks holiday when I give my letter of resignation?

[charlie82]

Hi there.

I had an interview for a job I really wanted today and got offered it straight away.

They would like me to start asap, but I have to give four weeks notice with my current job. Am I able to take my 2 weeks holiday owed within my final four weeks notice?

Please can someone translate this into English :-) This is a paragraph from my contract.

"The company reserves the right to make a payment in lieu of notice. Where a payment on lieu of notice is made, no holiday entitlement irises in respect of the period of lieu of which payment is made."

If it mean to payment, can I still take two weeks unpaid holiday.

Many thanks.

Many thanks.

[bednobs]

All i can say is the person who wrote your contract didn't have a very good command of English!

[boxtops]

I don't think that the same thing.

The way it works is that - if your holiday year is from 1 January to 31 December- then if you were giving in your notice now to take effect say on 31 March, you would only have earned 3 months-worth of holiday, i.e. a quarter of your allocation.
If you are owed 2 weeks holiday which you haven't taken, then some employers say that you have to take that before your notice, others will pay in on top of your final pay.

I think that the paragraph you have quoted is a different thing, which means that if they want to give you notice (not the other way round), they have the right to pay you off and make you leave at once, in which case you don't get any holiday adding up for the period you're being paid off for.

Does that make sense? (it does to me but I'm quite familiar with this in my organisation - others will be different)

[factor-fiction]

I agree with boxtops in all aspects.

[PipinHull]

Boxtops is right, that paragraph is about them giving you notice, not the other way round - they may want you to leave straight away and would then 'cash you out' for your notice. I've done as you are suggesting in jobs and taken holiday at the end of notice period meaning I can leave earlier. All you need to remember is that holidays are nearly always 'to be agreed' with the company, so if they decide to be very difficult they could say you taking holiday is not convenient, in which case they'd have to pay you for the two weeks owed at the end of the month.