Trying to get into Contract Notice Period and Holiday entitlement

[John Antell]

What I was going to say before my PC crashed and lost it all (mutter mutter....) was that you probably haven't got 2 weeks holidays anyway. Holidays are given pro rata - if you have 4 weeks a year and leave after six months, you're only allowed 2 weeks - and as soon as you put your notice in, that's it, your entitlement stops.

Most employment contracts use a pro-rata principle to work out what money should be paid out or reclaimed upon termination of employment part way through the holiday year - e.g. termination 6 months into the holiday year, if you have taken more than half your holiday entitlement an amount is deducted; if you have taken less than half the entitlement, you receive an extra amount in your final payslip.

However this does not prevent you actually taking the holiday - i.e. you could - unless the contract specifically prevents this which would be unusual - take all your annual holiday entitlement in say the first 6 months.

If you are entitled to 6 weeks holiday with a holiday year staring on 1st January, and have to give 6 weeks notice, there is nothing to stop you booking 6 weeks starting from 1st Feb, say, and then giving 6 weeks notice on 31st Jan and effectively leaving then.

Whether during the 6 week period when you are technically employed but on holiday, you employer can theoretically prevent you working for another company is a more difficult question but in practice most companies are mainly concerned about people working for competitors - i.e. in the same line of business. So a bank might not want you to work for another bank, but is unlikely to object to you working for an oil company. That the actual job you are doing is similar - i.e. in IT - is not normally the issue.

[northernladuk]

Don't see any problem with this. If you hand in your notice today, your last day will be 5th April. However because you have two weeks holiday owed, your last day will effectively be 20th March.
That is unless your employer specifically says in your contract that this is not permitted.

Your last day in the office will be 20th of March but you are still employed until the end of your contracted period which is 5th April.

[darmstadt]

I did something similar to this leaving from permie to contractor. I wrote out my resignation letter, asked the boss to come and have a coffee with me and a small chat. Handed him the letter and he asked when I would be leaving. As I had over 60 days holiday accrued then the answer was 'next week, cheers.' (In Germany you can only leave your job at a certain time, 4 times a year and you have to put your notice in well before the notice period starts otherwise you have to wait another 3 months!)

I have actually done it with other permie jobs as well as most managers don't really want someone around who's not committed.

[SueEllen]

Has your employer for a machine room? Theres a red button in there that will terminate any employment contract at zero notice.

On a more serious note if you sack someone for gross misconduct you have to suspend them first then have a meeting to sack them after you have "investigated".

While you are suspended you are still employed.

Otherwise the employer could face legal action for not following employment law properly. (The aim of an employer in this case is to limit their solicitors fees)

[v8gaz]

Has your employer for a machine room? Theres a red button in there that will terminate any employment contract at zero notice.

Seriously, its all part of your contracted obligations, and that varies from employment contract to contract. Mal is correct, you may not have the entitlement you think, however few employers want a disgruntled employee on site, especially one with access to IT systems. Have the chat, see what happens.

[malvolio]

What I was going to say before my PC crashed and lost it all (mutter mutter....) was that you probably haven't got 2 weeks holidays anyway. Holidays are given pro rata - if you have 4 weeks a year and leave after six months, you're only allowed 2 weeks - and as soon as you put your notice in, that's it, your entitlement stops.

Two choices. Work your notice and hope the contract market is as much in need of your skills as you hope so you get a gig before the money runs out*, or get a gig and negotiate. I'd suggest the latter, it will be good practice. And as m y northern friend suggests, you need to do a lot more research.

HTH



* And on that subject, you will almost certainly be unpaid for two months even if you do start immediately you leave the old job...

[RobertStell]

Holiday issues....

Don't see any problem with this. If you hand in your notice today, your last day will be 5th April. However because you have two weeks holiday owed, your last day will effectively be 20th March.
That is unless your employer specifically says in your contract that this is not permitted.

Hi,

I am wondering if someone have thought about this solution to the common problem people faces when they move from Perm to Contract.

I am looking to get into Contract work (I am a perm software developer). I have some outstanding holidays (2 weeks ) left in my year's quotas in my current perm role.
My question is that would it be possible (or has some one managed ) to use these two weeks to effectively reduce the notice period to two weeks rather then one month? so the plan is to hand the notice in but to say that I will take two weeks holidays and the end of the month. Can the employer refuse to give holidays and force me to take remberse pay?

Any input will be much appriciates.

KR

[northernladuk]

My initial impression is that this is the worst troll/sockie I have seen in ages but I have a sinking feeling telling me that this is a genuine question.

First off, if you have a 1 month notice period that is it. You can work two week and then take 2 weeks holiday you are owed but you effectively finish work as stated in your notice. You can only take your holidays while you are employed so taking your two weeks does not shorten your notice period.

You could try negotiating with your employer to finish early and forego your 2 weeks but they will probably not budge for fear of cocking the process up and opening themselves up to legal action.

You could work all month and take your 2 weeks as cash if you want but doesn't answer your question. In short you are tied to your company until the end of your notice holidays or not.

It is quite likely your contract will have a handcuff clause in it which could extend to working in the same field while still employed so it is quite likely that even though you are in your 2 week holiday (but still employed) you will not be able to start any contract work anyway. You need to check it carefully.

The thing I would point out though is when you go contracting you are on your own. No HR, no hand holding, no permie standard contracts or employment law supporting you. If you cannot understand the basics of a notice period with holiday when you are perm you are going to struggle with the complexities of contracting and I am not just talking about notice periods.

Good luck if you go for it but you are gonna have to pull your finger out to understand it all well quick!

[acontractor]

Hi,

I am wondering if someone have thought about this solution to the common problem people faces when they move from Perm to Contract.

I am looking to get into Contract work (I am a perm software developer). I have some outstanding holidays (2 weeks ) left in my year's quotas in my current perm role.
My question is that would it be possible (or has some one managed ) to use these two weeks to effectively reduce the notice period to two weeks rather then one month? so the plan is to hand the notice in but to say that I will take two weeks holidays and the end of the month. Can the employer refuse to give holidays and force me to take remberse pay?

Any input will be much appriciates.

KR