Notice Period and Holidays

C

Clinique

Guest
I have just accepted a new job which is due to start in 4 weeks. My contract in my current job asks for 1 months notice.
I have holidays booked which are taking up the second 2 weeks of my notice period (the holiday was booked months ago). My current emlpoyer is asking for me to give the full months notice instead of just 4 weeks which would mean that I would have to come back for 2 days after my holidays and I will miss the start date with my new employer. This could cause a lot of trouble because I will be on a training course with other new hires.

My questions is - can my current employer insist I work the full notice period of a month instead of 4 weeks? I have been in the job for a year and I am due another 4 days holidays (on top of the 2 weeks I am going on)
 
BCPK, I was thinking of that as a last resort but I would prefer to have it all sorted before I go on holidays otherwise I will be worried about it and I don't want it ruining my holiday.
 
The bigger issue may be getting your P45 from your existing company, to provide to your new company on the day you start.

Otherwise, call in sick, work up the days between then and now (weekend etc). Or take them unpaid.
 

If you are due another 4 days holidays, then what's the problem? Just inform your employer in writing that you intend to take all your holiday entitlement and therefore your last day of work will be x. I have always done this when changing jobs without any issue ever. They can't exactly refuse to let you take your 4 days at this stage. No need to call in sick - why bother?
 
I was in the same situation in a previous job - holiday booked months in advance of leaving. I took the middle 2 weeks of my notice period as holidays, there shouldn't be a problem.
 
Thanks everyone for the replies.
It is a large company I work for so they have set procedures for sending out P45s so I will get it at the end of August no matter what. What is really bugging me is that my job is very quiet and they do not need me here at all. There is really no reason for me to come in on those days. I think my manager is just annoyed that I am leaving so soon due to my holidays and she is trying to get back at me in some way. We have had a good relationship up until now and I really don't want to leave on a sour note.

I suppose my real question here is - can they refuse to allow me to give this (slightly) shorter notice period or use my remaining holiday allowance to cover the extra 2 days?
 
Clinique said:
Thanks everyone for the replies.
It is a large company I work for so they have set procedures for sending out P45s so I will get it at the end of August no matter what.
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Why the end of August? If you're leaving within the next 4 weeks as suggested by your first post then you should get it on the day that you leave.
 
Clubman, all P45s are sent out with the last payslip at the end of the month.
 
I believe that you are entitled to this on the day that you leave. Certainly in all the jobs that I have worked in and subsequently left I received this along with any other relevant stuff (e.g. final salary payment etc.) on the day of leaving.
 
My manager has spoken to HR and she now says that I either have to work for another 2 weeks effectively giving 6 weeks notice or cancel my holidays. My contract does not say that holidays are not allowed to be taken during notice period so I assume normal rules apply and they cannot force me to do either of the above options.

I have a meeting set up with her this afternoon. Any advice for what to say to her? Am I correct in assuming that I can just leave on Thursday and use my remaining holiday days to cover the rest of the notice period?
 
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