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Author: Subject: Shortening notice or not...?
Mr Whippy

posted on 19/3/24 at 01:16 PM Reply With Quote
Shortening notice or not...?

Hi,

I've been offered a new job which I have already accepted (posted the contract forms back at lunch time). Due to my position I require 3 months notice, however as I have 21 days outstanding holiday I could use that to reduce my notice to 2 months.

But. Am I doing myself out of 21 days holiday or close to a months pay if I instead worked my 3 months?? I don't see my new employers minding that much if I told them I had been asked to work my full notice due to impact on the business.

What do you think? Tomorrow I'm going to hand in my resignation so need to make a decision.

Cheers.





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bi22le

posted on 19/3/24 at 02:24 PM Reply With Quote
I have been chopping around in different jobs for the last couple aof years. Sometimes my choice but most recently was not.

I have always planned in a break between places. Unpaid or paid. It's an amazing feeling to just close off one chapter and start the next fresh. Time off without work, knowing you have a job to go to is a millionaire's feeling.

You may not have a choice how things pan out. You current place may insist you stay 3 months then pay you in your pay packet for your holiday, they may include it in your notice period so it's on 2 WORKED months but paid for 3.

I would take option 2. 3 months somewhere you don't want to be willing drag. Either way try to have time off in-between.

Good luck in the new role.





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Mr Whippy

posted on 19/3/24 at 03:25 PM Reply With Quote
Thanks,

I suspect I can last 3 months here, really depends on how they behave. But I could do with a months holiday, but that costs money and I might use the unused holiday cash to cover the school hols.

It just occurred to me that leaving early using my holidays just seemed like throwing money away with no real benefit for me but only my next employer who has already been told I have 3 months and seemed ok with that. I'll have a good think about it tonight. I'll have to look into the new contract as to how much holiday I'm entitled to this year, seeing that it's only May I might not loose out on much.





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loggyboy

posted on 19/3/24 at 03:29 PM Reply With Quote
Your current employer will have to pay you the holiday you dont take.
ETA it would be worked out pro rata, as I assume thats 21 days left for rest of year?
So assuming your holiday runs 1st jan to 1st jan you are prob only owed 1/4 of 21 days.


[Edited on 19-3-24 by loggyboy]





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nick205

posted on 19/3/24 at 04:29 PM Reply With Quote
quote:
Originally posted by loggyboy
Your current employer will have to pay you the holiday you dont take.
ETA it would be worked out pro rata, as I assume thats 21 days left for rest of year?
So assuming your holiday runs 1st jan to 1st jan you are prob only owed 1/4 of 21 days.


[Edited on 19-3-24 by loggyboy]



That's how we've done it when people leave.
Sometimes upsets them when they're expecting the full years worth of leave!

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gremlin1234

posted on 19/3/24 at 08:29 PM Reply With Quote
if you do it right, you could still be paid by your old job, and have started your new job, and it be a bank holiday weekend
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Mr Whippy

posted on 20/3/24 at 07:18 AM Reply With Quote
quote:
Originally posted by nick205
quote:
Originally posted by loggyboy
Your current employer will have to pay you the holiday you dont take.
ETA it would be worked out pro rata, as I assume thats 21 days left for rest of year?
So assuming your holiday runs 1st jan to 1st jan you are prob only owed 1/4 of 21 days.


[Edited on 19-3-24 by loggyboy]



That's how we've done it when people leave.
Sometimes upsets them when they're expecting the full years worth of leave!


thanks, that confirms what others were telling me last evening. Tbh I don't mind, still money in my pocket.





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jps

posted on 20/3/24 at 08:01 AM Reply With Quote
Legally i've always understood that an employer can determine when you take leave as long as they give you enough notice. So although, if you work 3 months notice and have annual leave left to use - you must be paid in lieu of taking it; your employer could decide it will force you to have paid leave during the end of your notice period - rather than have to pay it to you as extra on top of your 3 month pay at the end.

I suppose it really depends on what you want (whether that is money in your pocket, time off, or to get away from your current employer quicker), your options being:
1) work 3 months notice, pocket the extra cash that comes with not using your leave (as long as your employer doesn't force you to take it)
2) work 3 months notice, take paid leave during those 3 months however you prefer - so you get some time off
3) work 3 months notice, take paid leave at the end but actually start work with the new employer in that period
4) negotiate a shorter notice period - but remember as you accrue leave pro-rata, that will reduce the amount of annual leave you have to use/get paid in lieu of...

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Mr Whippy

posted on 20/3/24 at 08:41 AM Reply With Quote
Thanks that's helpful and I didn't consider some of those options. I think my initial view was a bit simplistic...





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SteveWalker

posted on 20/3/24 at 02:01 PM Reply With Quote
In some cases 5) tell them you are going to a competitor, get shown to the door immediately and still get paid your notice period and remaining holiday entitlement.
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Mr Whippy

posted on 20/3/24 at 02:26 PM Reply With Quote
quote:
Originally posted by SteveWalker
In some cases 5) tell them you are going to a competitor, get shown to the door immediately and still get paid your notice period and remaining holiday entitlement.


Tell me about it, I did that and same day they closed my IT account, took my laptop and gave me almost a months garden leave! Problem was I'd spent the previous week copying everything I wanted on to memory sticks I'm not redoing stuff I designed before...





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tims31

posted on 21/3/24 at 04:51 PM Reply With Quote
Do you need the money, if you do then work it but you will also get taxed on that and personally, when it happened to me I took the holiday. Didnt necessarily need the money as such (although its always useful) but would rather have the time off than give the tax man even more money.





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MikeR

posted on 24/3/24 at 09:34 PM Reply With Quote
quote:
Originally posted by Mr Whippy
quote:
Originally posted by SteveWalker
In some cases 5) tell them you are going to a competitor, get shown to the door immediately and still get paid your notice period and remaining holiday entitlement.


Tell me about it, I did that and same day they closed my IT account, took my laptop and gave me almost a months garden leave! Problem was I'd spent the previous week copying everything I wanted on to memory sticks I'm not redoing stuff I designed before...


And that is theft - the work you did will likely belong to the employer. My company has taken previous employees to court for doing just this. Companies are getting wiser and wiser so be careful as I believe the last employee ended up about 10k out of pocket & the next employer rescinded the offer of a job.

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craig1410

posted on 25/3/24 at 01:51 PM Reply With Quote
Yeah, I'd strongly suggest you take down what you said above and I'm sure MikeR will take down his quoted reply. I also advise you to delete any electronic work belonging to your former employer because it is very easy these days to trace the origin of many forms of digital IPR and the last thing you want is to find yourself under cross examination by a lawyer over a patent infringement or some other type of IPR dispute.

Remember McLaren getting hit with a $100m dollar fine by the FIA and being excluded from the 2007 F1 world championship? That was for IPR theft. Not worth it mate.

IIRC you can keep whatever is in your head but you can't keep any physical or digital information.

Anyway, I'm sure you were only kidding right? Thought so.

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Mr Whippy

posted on 25/3/24 at 04:11 PM Reply With Quote
In my line of work (project controls) it is very common if not the norm for systems built for one company, to then be used in another. Indeed many companies rely on this so that time is not spent redeveloping those very systems all over again and the cost/time that would take. The only things not shared are charge out rates but everything else, from planning systems, cost trackers, document registers or even CTR's, is just reused with all the years of lessons learnt applied. The last time we developed a new CTR we had working copies of 3 other major companies version and picked the best parts of each





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craig1410

posted on 26/3/24 at 12:39 PM Reply With Quote
Alright, I hope you're right. In my line of work, software development, this sort of thing would be a definite no no.

Good luck with the new job.

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Mr Whippy

posted on 26/3/24 at 12:50 PM Reply With Quote
Yeah quite different roles though.

Cheers.





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