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Handing in a notice with holiday booked 19:23 - Apr 28 with 4622 viewsgeg1992

Hi all,

Wondering if anyone could give any advice.

I'm planning to hand in my notice on Tuesday as I've been offered a far better job. The only issue is that I have a holiday on the 12th - 27th. I haven't yet accrued all of this which concerns me.

Do they have a legal right to cancel my holiday? I'm aware of a 2 week rule that may stop them doing this but as it's not accrued I'm not sure.

I'm wondering if I hand in my notice, work 2 weeks, go on holiday, then work the remaining 3 weeks, whether this will work and if they can still legally say no?

I could potentially just hand in my notice and use the holiday as part of it but I'm sure he'd take some kind of legal action.

Or I just hand in my notice after the holiday but that could create problems with the new employer.

The first 2 options using the non-accrued days as unpaid holiday.

Does anyone have any advice please? I really don't want to cancel as I'll waste a lot of money.

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Handing in a notice with holiday booked on 19:30 - Apr 28 with 4581 viewsWD19

Not sure they have got much leverage to be honest. Surely if they try to block your holiday you could just walk out the door!? Sounds like something best sorted through financial settlement (ie take the unaccrued stuff as unpaid leave).
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Handing in a notice with holiday booked on 19:50 - Apr 28 with 4532 viewsHarry_Palmer

There shouldn't really be much of an issue here as far as I can see.

If your notice period is the usual 4 weeks or 30 days then your holiday will be complete within that period. If you haven't accrued all of the holiday you take then normally you would just not be paid for those days or be given the option to work them instead.

Unless your employer is completely unprofessional there would be no reason for them to cancel your holiday and certainly no reason to take legal action.
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Handing in a notice with holiday booked on 20:38 - Apr 28 with 4437 viewsEly_Blue

Handing in a notice with holiday booked on 19:50 - Apr 28 by Harry_Palmer

There shouldn't really be much of an issue here as far as I can see.

If your notice period is the usual 4 weeks or 30 days then your holiday will be complete within that period. If you haven't accrued all of the holiday you take then normally you would just not be paid for those days or be given the option to work them instead.

Unless your employer is completely unprofessional there would be no reason for them to cancel your holiday and certainly no reason to take legal action.


Lucky beggar if he only has 30 days notice, I'm currently working my notice, still 9 weeks of 3 months to go

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Handing in a notice with holiday booked on 20:57 - Apr 28 with 4397 viewsWD19

Handing in a notice with holiday booked on 20:38 - Apr 28 by Ely_Blue

Lucky beggar if he only has 30 days notice, I'm currently working my notice, still 9 weeks of 3 months to go


6 months here.... looks like I am never changing jobs.
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Handing in a notice with holiday booked on 21:01 - Apr 28 with 4380 viewsEly_Blue

Handing in a notice with holiday booked on 20:57 - Apr 28 by WD19

6 months here.... looks like I am never changing jobs.


It's horrible, I was first spoken to about the job in December last year, by the time I start in July it will have been over 6 months, the worst thing is my current boss has asked me not to talk about it at work

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Handing in a notice with holiday booked on 21:07 - Apr 28 with 4364 viewsWD19

Handing in a notice with holiday booked on 21:01 - Apr 28 by Ely_Blue

It's horrible, I was first spoken to about the job in December last year, by the time I start in July it will have been over 6 months, the worst thing is my current boss has asked me not to talk about it at work


Are you Bart?
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Handing in a notice with holiday booked on 21:17 - Apr 28 with 4345 viewsMJallday

no but they can not pay you for it. what they gonna do, sack you? just dont turn up - but be aware you will be burning a couple of bridges...

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Handing in a notice with holiday booked on 21:19 - Apr 28 with 4340 viewsgeg1992

Handing in a notice with holiday booked on 19:30 - Apr 28 by WD19

Not sure they have got much leverage to be honest. Surely if they try to block your holiday you could just walk out the door!? Sounds like something best sorted through financial settlement (ie take the unaccrued stuff as unpaid leave).


Cheers for the advice! I worry that they can sue me if I leave early or something by having to pay somebody else to fill my shoes if I don't work the overtime, although If I just extend my notice by my unpaid holiday days then I can't see anything they can do. Hmm.

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Handing in a notice with holiday booked on 21:21 - Apr 28 with 4334 viewsgeg1992

Handing in a notice with holiday booked on 21:17 - Apr 28 by MJallday

no but they can not pay you for it. what they gonna do, sack you? just dont turn up - but be aware you will be burning a couple of bridges...


Thanks for your help.

Yes, I worry if I leave though without fulfilling my notice period, that they could take legal action.

Although if I offer that I'll work a couple of weeks either side of my holiday to complete the notice, I guess there's nothing they can do... I hope.

Thanks for your input.

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Handing in a notice with holiday booked on 21:22 - Apr 28 with 4330 viewsgeg1992

Handing in a notice with holiday booked on 19:50 - Apr 28 by Harry_Palmer

There shouldn't really be much of an issue here as far as I can see.

If your notice period is the usual 4 weeks or 30 days then your holiday will be complete within that period. If you haven't accrued all of the holiday you take then normally you would just not be paid for those days or be given the option to work them instead.

Unless your employer is completely unprofessional there would be no reason for them to cancel your holiday and certainly no reason to take legal action.


Many thanks for the input. I'll offer to work the un-accrued days and see what they say!

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Handing in a notice with holiday booked on 21:22 - Apr 28 with 4325 viewsgeg1992

Handing in a notice with holiday booked on 20:38 - Apr 28 by Ely_Blue

Lucky beggar if he only has 30 days notice, I'm currently working my notice, still 9 weeks of 3 months to go


It is 30 days luckily after just checking - that must be horrible having to work 3 months!!

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Handing in a notice with holiday booked on 21:32 - Apr 28 with 4289 viewsSmithersJones

Pretty much everything that has been said so far is right, but there's one thing that's been overlooked. Does your company retain the right to ask you to cancel holiday that's already been booked (regardless of whether you've handed your notice in)? Many do, although in practice it's very rarely taken up. You might want to check this before you resign. But tbh in my experience most employers realise they'll get nothing out of you by forcing you to cancel your holidays so they'll take a pragmatic approach to get the most out of you for the time you are working. My advice would be to offer to work extra hours until you go on holiday - you never know when you might need a reference in future.
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Handing in a notice with holiday booked on 21:35 - Apr 28 with 4281 viewsHerbivore

A big company like McDonald's will have a written policy to cover this sort of thing, just ask to see it.

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Handing in a notice with holiday booked on 21:42 - Apr 28 with 4263 viewsPinewoodblue

If you have access to sensitive information you may find you are put on gardening leave and be asked to stay at home.

Think if you have taken more holiday than entitled to by your leaving date the employer can deduct that from your final pay packet.

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Handing in a notice with holiday booked on 22:00 - Apr 28 with 4217 viewsfactual_blue

Handing in a notice with holiday booked on 21:21 - Apr 28 by geg1992

Thanks for your help.

Yes, I worry if I leave though without fulfilling my notice period, that they could take legal action.

Although if I offer that I'll work a couple of weeks either side of my holiday to complete the notice, I guess there's nothing they can do... I hope.

Thanks for your input.


Are they the sort of people who might burn your house down while you're away? Perhaps some house sitters would be a good idea.

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Handing in a notice with holiday booked on 22:41 - Apr 28 with 4154 viewsMJallday

Handing in a notice with holiday booked on 22:00 - Apr 28 by factual_blue

Are they the sort of people who might burn your house down while you're away? Perhaps some house sitters would be a good idea.


no i dont think sitters round your house is ever a good idea :)

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Handing in a notice with holiday booked on 06:44 - Apr 29 with 3978 viewsNo9

Sometimes you just have to cut your losses
If it's a much better job, tell you current boss you are taking holidays and won't come back how will he settle up with you. If he says he won't take the new job and see if the Citizens advice can offer advice how to get what you calculate is owed to you.
You may get no more than a better job
Good luck
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Handing in a notice with holiday booked on 07:51 - Apr 29 with 3933 viewsCrawfordsboot

Handing in a notice with holiday booked on 21:22 - Apr 28 by geg1992

Many thanks for the input. I'll offer to work the un-accrued days and see what they say!


It is inconceivable that an employer would sue in these circumstances. What could they sue for? To recover their losses? No - since they will have in place cover for your planned absence. Therefore they suffer no additional loss by reason of your planned absence.
The only consequence for you is that you might not get paid for unaccrued holiday pay.
[Post edited 29 Apr 2017 7:52]
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