Resignation and entitlement to leave

[topocco]

I would like to find out how to 'word' my resignation letter. I have been offered a job which i am extremely happy about, but they would like me to start asap. Obvioulsy they realise i am in a position to give a 4 week notice period, but i would like to give a 2 week notice period, and use the other 2 weeks as leave.

I am owed 19.5days leave still. If this were the case - would i be paid out for the remainding leave?

Any guidence would be much appreciated.

Many Thanks, T

[Faye00]

Hi, I am pretty sure you would have to abide by your contract.  Whatever notice your contract states you to give then you would need to complete that.  I would suggest you type out a letter saying -"Please take this as my two weeks notice from the above date to leave employment with this firm"  make sure it is dated so they know you will be leaving two weeks from that date.  Then hand it to your employer and explain to them what you want to do with taking two weeks as leave.  They will have to pay you for your holiday that they owe you also, as you say you have quite a bit left and it all depends on their holiday year.  It all depends on your employer if they wll be ok with you leaving then it should all be fine but if they say no and you leave anyway then you could be in breach of contract and they could take you to an employment tribunal if they wanted to.  Normally employers would be ok with this if you just explain then they should be fine, read over your contract again to be clear on everything then go to your employer with your resignation letter and explain.  Hope this helps and good luck. Faye00 

[kempie]

Prepare yourself for some verbal jousting and then enter here. (you can ignore the final 13 posts of the thread.)

[Loosehead]

Do you mean you have 19.5 days left this year or do you mean that you have 19.5 days left after working out pro rata how much leave you have based on your projected leaving date? 

You have to give 4 weeks notice, you will have to take any leave you have during that notice period unless your employer will pay you for un used leave how ever this is rare. Example. Imagine you get 24 days annnual leave, the leave year being the same as the calendar year for simplicity. Now imagine you have calculated your 4 weeks notice to end on 31/8 and gave in notice on 3/8 and that up to now you have taken only 6 of your leave days.

- Your last day will be 31/8 come what may

- You must take 8 twelfths of your annual leave before you leave so your leave must total 16 days before 31/8

- you have used 6 days so you have a further 10 to use you will therefore work for the first 2 weeks of your notice and the next 2 weeks will be leave, so you could in theory start your new job. However both the old and the new employer would have to agree to this. 

The above is just an example, employers have varying ways of handling un used leave.

[topocco]

Many Thanks Faye00 ,feel as though i can talk to my employer quite easily and explain the situation.

Kempie, had a good read on the 'Unfair Dismissal qu' - all the answers helped and have a much better understanding...and yes thank you Loosehead, played a good part in both questions. Most certainly helped:)

[Mrs_Pegasus]

Just to add.

Be sure you investigate the income tax implications of being employed for 2 weeks by 2 companies.  Even if you are on annual leave you are still employed and may well have to pay full tax on your second job for 2 weeks.

The personnel depts may have concerns over their liability whilst you are being jointly employed e.g. who would be responsible for sickness pay if you were to fall ill in the interim period.