Annual leave off resignation date

Annual leave off resignation date

I handed in my notice on Friday 27th July with a resignation date of Thursday 30th August(with 15 days annual leave to be in addition to that date). I only required to give 4 weeks notice but my boss was going on holiay so I gave him the resignation at 4pm on his last day prior to his holiday. He was stressed (as people tend to be organising things before annual leave) and, although polite, obviously did not appreciate the timing.
He is now back from his annual leave and on Friday 17th August he asked me at about 4.30pm to leave the office at the end of that working day. His explanation was that my annual leave should have come off my leaving date rather than have been in addition to it. He added that he wanted to avoid confusion to the client about who was the main contact for my project, my replacement having been in employment for 3 days. I explained that I felt that the replacement was not yet up to speed, I had not yet cleared my desk, organised my e-mails, completed filing etc as I wanted to leave things organised. I also added that making someone leave immediately was what employers do to someone who has done something seriously wrong (i.e. theft) since he was not accusing me of anything like that why was I being asked to leave? We negotiated an additional week but this is still earlier than my original resignation date.

Regards

G Ralston

G Ralston

Comments

peterstanway's picture

GNot sure what your questions isThe strict answer is that it depends on the contract but it seems like you have negotiated a satisfactory outcome

G

Based on the information that you have given it does seem a little odd.

However, it is important to draw a distinction between asking you to leave the office and terminating your employment. If you have been placed on 'gardening leave' until your termination date then I see no issue with this as this could be standard and is general practice in some organisations.

What is not possible is to alter your termination date other than that agreed on your resignation (effectively terminating you). You can be forced to take any outstanding holidays, although any additional accrued untaken leave should then be paid out upon ceasation of the contract.

Hope that this helps clear things a little...

I have to admit that in this situation, in our organisation your resignation would be effective from the end of your 4 week notice period and we would pay you any outstanding holiday entitlement in lieu.

In reply to the comment from Peter.

I was not happy with the outcome of an additional week as I could see no reason why the leaving date could not be as per my resignation letter. I felt I have been presented with a "fait accompli" and, in the absence of knowing the exact wording of my contract and being somewhat surprised at his request, negotiated the best I could at the time. As you can probably tell I have little experience about HR and I have examined my contract since I wrote the question and it states that "holidays...on termination you will be entitled to be paid for any days earned but untaken...". My contract says nothing about annual leave coming off a leaving date. My boss kept saying that his request for me to leave immediately was normal, no reflection on me and that it was a good thing as I could go and do my own stuff. It was a really wierd conversation! It worth pointing out that I am an experienced architect and most employers want you to stay for as long as possible as the handover for a building project is usually rather involved. I felt that my resignation letter was being as considerate as possible to my employer by NOT taking my annual leave off my resignation date.

In reply to Jo's comment

I wrote in my resignation letter that my resignation date was the 2nd Aug (i.e. 4 weeks prior to 30th August) but since I was aware that my boss would be on holiday on this date, the letter was dated earlier than this.

Thanks for both your comments I hope the above clarifies my situation. I have contacted ACAS and they confirmed to me that my boss cannot do this (which probably explains why he made no reference to my contract during the discussion). Not withstanding this I woudl still appreciate any further comments as I am currently right in the middle of this situation.

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