Generalresigning with untaken leave

 

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 From:  Peter (BOUGHTONP)  
 To:  ALL
42445.1 
This might be a stupid question, but is there any difference between giving 30 days notice and getting paid for X unused leave days vs giving 30+X days notice but booking the last X days off?

The only way I can see it would is if an employee initially approves leave, but then tried to unapprove it later - is that something that can be done?

(CAB/Gov.uk say they can decide whether to give leave or pay instead, but not whether they can rescind leave once approved.)

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 From:  Peter (BOUGHTONP)  
 To:  koswix     
42445.2 In reply to 42445.1 
Any thoughts? (It was you who did the HRy type stuff, right?)
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 From:  ANT_THOMAS  
 To:  Peter (BOUGHTONP)     
42445.3 In reply to 42445.1 
Have you asked/said that's what you want to do?
I've always tended to go for getting paid for the remaining leave. But some employers may prefer your option because it saves them money (in so much as not having to make another payment, they always technically owe it you either way).

Not sure if notice period is consisted minimum notice, or at the point of giving it. Surely an employer would prefer longer even if the contracted period is shorter, more time to find a replacement. Though in this case they'd still only have you in work for 30 days. Do they routinely give gardening leave?
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 From:  ANT_THOMAS  
 To:  Peter (BOUGHTONP)     
42445.4 In reply to 42445.1 
Actually, that's an interesting line. They cannot cancel your leave if it prevents you from taking your leave by the end of the year, I guess in your case that would be the end of your employment. Probably a grey area though.


https://www.landaulaw.co.uk/holidays/
....
Can my employer cancel a pre-booked holiday?
Yes, your employer can cancel a period of annual leave, which is notice of at least the same length as the period of leave to be cancelled. For example, if you have booked a period of four days’ annual leave, your employer must give at least four days’ notice of cancellation.

Your employer must not cancel a period of annual leave if it means that you are unable to take your full statutory annual leave entitlement in that leave year.

If your employer cancels a period of leave without a clear business reason (and without compensation) which results in you not being able to go on a booked holiday and suffering financial loss, you may have a case for constructive dismissal. You would need to argue that the cancellation is a breach of the implied duty of mutual trust and confidence with your employer.
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 From:  Linn (INDYLS)  
 To:  Peter (BOUGHTONP)     
42445.5 In reply to 42445.1 
The rules may be different here in Canada, but I would think the difference is your last paid day. So for instance, you give 30 days notice, resigning on the 30th. Your last work day is the 30th, so your pay is whatever is owed to the 30th plus pay for any untaken leave days.

Or, you want your last working day to be the 30th, same as above, but your resignation date to be the 10th as you will take any owed leave days to cover the period 30th to the 10th.  

The amount of pay is the same in both cases but you are an employee, and therefore the company's responsibility, longer in the 2nd scenario. Which most employers would not want.

As to whether the company can decide which path, I don't know, but I would imagine they can, But may  have to pay for the privilege if they decided to force the first option as they would essentially being dismissing you instead of accepting your resignation.  
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 From:  Peter (BOUGHTONP)  
 To:  ANT_THOMAS     
42445.6 In reply to 42445.3 
I think they've only given gardening leave to a couple of people they made redundant (which they weren't, and that was the point the company started going downhill).

There is zero chance of them offering gardening leave to me.

I haven't mentioned it at all yet - I had a notice letter printed and was planning to yesterday but there was no opportunity to get my manager alone.

I've used part of my outstanding leave to book the first week of October, so effectively it would have been three weeks notice, and I'm not sure how he'll react on Monday.

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 From:  Peter (BOUGHTONP)  
 To:  Linn (INDYLS)     
42445.7 In reply to 42445.5 
Thanks Linn, I hadn't considered that angle.

Since the company provides a Death in Service thing, which I assume is some form of life insurance, they may well get lower premiums if I'm not an employee sooner.

If there were company benefits I used (e.g. cheaper gym membership) then the second option might be worthwhile, but otherwise I can't think of any reason not to stick with the first option - seems cleaner for both parties.

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 From:  ANT_THOMAS  
 To:  Peter (BOUGHTONP)     
42445.8 In reply to 42445.6 
Still four weeks notice. You're still employed during that annual leave week. Just email it to your manager and HR and be done with it.
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 From:  Peter (BOUGHTONP)  
 To:  ANT_THOMAS     
42445.9 In reply to 42445.8 
I'd rather do it face to face, but I've just sent an email to my manager asking them to book a meeting room on Monday so we can talk.

Thanks. :)

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 From:  ANT_THOMAS  
 To:  Peter (BOUGHTONP)     
42445.10 In reply to 42445.9 
Looking forward to the new job?
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 From:  Peter (BOUGHTONP)  
 To:  ANT_THOMAS     
42445.11 In reply to 42445.10 
I'm taking a bit of a break instead, but yes very much looking forward to not being constantly stressed as well as the opportunity to focus on my photography.
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 From:  koswix  
 To:  Peter (BOUGHTONP)     
42445.12 In reply to 42445.1 
Speak to your union rep.

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