Can you just quit work or do you have to work out your notice? Notice as holiday?????

[topsy]

Hubby got a new Job..... ( less money BUT more job satisfaction BUT they want him to start in 2 weeks time..... on 21st sep this where it get tricky as his current employer he is supposed to give 4 weeks notice till 3rd Oct ( He hates where he currently works and just wants to quit ) Can you just quit a job and not give notice even though its in your contract? Anyone know? The 3rd week of his notice he is supposed to be off in parental leave ( unpaid) so he can sort of give 3 weeks notice!!! (As thats the week he is due to start)... or can he use some holiday for the 4th week? Hes been there 10 years and gets 25 days holiday per year Jan -Dec. Hes has had 11 1/2 days this year so I assume as Its just under 2 days a month that he gets if he gives his 4 week notice he will have work up until the end of sep so thats works out at least 18 days of hol this year. So could he take the last week of as holiday ( If no one else is off!) xxxxx

 

[Pearls18]

You can use holiday as notice (well I just have anyway!), I officially gave my notice August 18th but was actually having my last day Sept 3rd with holiday till the 21st, I had many discussions over the last few weeks though, have his references gone through for the new job? I'm not sure where he stands legally if he quits without notice but most employers would be flexible I'd hope, more so the new job, I would have thought most employers will realise that most people will have a 4 week notice period before being able to start work, but if he wants to leave ASAP I'd talk to his manager first.

 

[supertabby]

He'd be best to tell the new employer he has to give 4 weeks notice - and then see if he can negotiate using his holidays to bring it down.

You can use holiday during your notice period but it has to be by agreement - like booking holidays at any other time. His current employer is within their rights to expect him to work during his notice period (other than the week of parental leave already booked). If they are not going to be left desperately short they may be willing to allow him to use his holidays though.

He could just quit and stop going in - but he could well lose his holiday pay that way, as I'm 99% sure they can dock any owed monies if you don't honour your contractual notice period ( unless they've agreed he can work less notice). He'll also lose his reference if he does that and presumably the new employer will want a reference - plus if he doesn't stay at the new job long his next place will want to see references from previous jobs.

I'm sure the new employer will understand if he tells them he has to give 4 weeks notice - it's fairly a standard notice period and surely they're looking for the type of employee who honours his agreements and doesn't just drop people in it.

 

[Springflower]

Agree with supertabby

 

[Dinah93]

If he didn't work his notice period the sky won't fall in, but the employer can and very likely will refuse to pay him any pay owed ie if he's paid monthly he's presumably been working since the 1st this month, and they could not pay him for this - he has breached the contract by not giving them adequate notice to make other arrangements therefore his pay is used to cover the emergency arrangements. They can also put this in any future reference, I wouldn't advise doing it. If the current employer agrees yes you can use leave accrued to finish earlier than your finish date, he needs to use it before he goes anyway as few employers are happy to pay it rather than have you use it. I would tell the new company you're negotiating to leave earlier but the contract says 4 weeks, I'd be wary of any company who want you to violate your current contract anyway to be honest.

 

[topsy]

Just an update... his employer said 2 weeks notice was fine and hes got a letter from his employer to say that's ok.... they are going to pay him for 4 days holiday too xxx

 

[Kitteh_Kat]

Glad you guys got that sorted, hun! I know that's a relief!