Resignation Questions

[rtbm]

Hi,

I've decided to add this to a different thread as its slightly different to long term sick concerns. Basically, I have decided to hand in my letter of resignation in my workplace as the working conditions are intolerable and I want a clean break and to have a new challenge, as well, something my current job no longer provides for me.

Anyway, in regards to my resignation, I wanted to ask some questions:

a) If I offer my notice and my employer gave me permission to use my annual leave during my notice period, would I be paid for that annual leave as I don't want to miss out on any payments, wherever possible?

b) Can the contractual notice ever been less than the statutory notice period? I've read on the internet that you cannot receive a shorter period of notice than what you are entitled to by law. Is this accurate?

Many Thanks!

[Kati]

Re: Resignation Questions

a) It is my understanding that an employer can refuse certain days for employee holidays if they feel a need to (I'm sure I'll be corrected if I'm wrong tho ) so, theoretically they could say no - if they did however, I believe you would still be entitled to any holiday pay you were owed when you leave.

b) According to ACAS - http://www.acas.org.uk/index.aspx?articleid=4096:

Employees must give their employer a minimum of one week's notice once they have worked for one month. This minimum is unaffected by longer service.

However, contractual notice is the amount of notice that the employer can set out in the terms and conditions of employment which can be longer than the statutory notice. For example the statutory notice an employee must give to an employer is one week, however, an employer can state within the terms of employment that an employee must give one month's notice.

so ... it all depends on your contract :tinysmile_twink_t2:

[rtbm]

Re: Resignation Questions

I've been told I can use my annual leave during my notice period, since I have accrued a considerable amount, due to long term sick leave. However, if the contractual notice is actually shorter than the statutory notice, are companies actually allowed to do this? For example, if a company said you needed to give a month yet you were entitled to more?