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Handing in notice.

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  • 31-08-2021 2:59pm
    #1
    danois
    Registered Users Posts: 1,408 ✭✭✭


    I have accepted a new position so have handed in my notice. I am a shift leader who works minimum 40hrs per week. My contract says 20-40 hours. I have worked at least 40 hrs a week for the last 2 years not since mid way through my first year have i worked as little as 20hrs. I handed in 2 weeks notice as that's the norm. it is not a great place to work and staff leave regularly. I have stuck it out 4 years and I am the second longest staff member left there!! My Contract says 4 weeks but no one ever does that. I did mention verbally that if they needed as per my contract i would give 4 weeks notice. I was told its not necessary. My issue is now that they have only rostered me for 20hrs this week and from what i can see no hours next week. My boss mentioned that i would be paid my annual leave with last wage. Am i entitled to 2 full weeks wages or is it just 20hrs per week? I understand even though contract says 4 weeks as i only specified 2 weeks thats all I am entitled to. I want to know my facts before talking to boss. I have a feeling that he plans on not giving me working hours next week but putting it down as my annual leave instead.


    I was sent the above by a friend I figured best place to get her some answers is with the power of boards.


    thanks in advance



Comments

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    #2
    skallywag
    Registered Users Posts: 3,000 ✭✭✭skallywag


    If you have accumulated annual leave days, then I would imagine that your employer if perfectly entitled to force you to take said leave before your last official working day.

    Is this what you are asking?



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    #3
    FileNotFound
    Registered Users Posts: 2,004 ✭✭✭FileNotFound


    As Skallywag has stated, they can request you take the AL, many often just pay it off at the end.

    Assuming the relationship is at least civil with the employer, might be worth asking if they can clarify?



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    #4
    Jim2007
    Moderators, Business & Finance Moderators Posts: 10,305 Mod ✭✭✭✭Jim2007


    Your contract states that you work 20 - 40 hours per week as scheduled by the company and you get paid for hours worked. If they schedule you for 20 hours then they are within the contract agreement and you get paid for 20 hours. You cannot complain because they are following the agreement you both signed up to.



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    #5
    carveone
    Registered Users Posts: 1,228 ✭✭✭carveone


    https://www.boards.ie/discussion/comment/117832042#Comment_117832042

    Asking the employer for clarification is probably the best bet. Generally speaking, an employee and an employer will come to an agreement about taking holidays in the notice period. Yes, an employer can make an employee take holidays but only after discussing it with them at least one month prior. They can't just do it at random without telling you. The WRC website says that if the employer does not require the employee to work out any part of their notice, the employer is obliged to pay the employee for that period.

    Having not consulted or agreed anything with the employee, I would think that the employer is required to pay you for 20 hours in the final week without deducting that from your holidays.

    Edit: I found it irritatingly hard to find out if an employer can make you take holidays during your notice period with less than one months notice. In the UK it seems clear: The working time regulations allow employers to specify the dates on which an employee must take some, or all, of their annual leave as long as the employer gives notice equal to double the number of leave days. So they'd have to give you 10 days notice to make you take 5 days holidays.

    Here it seems fuzzy and I can't proper reference in law other than that "1 month prior" bit.



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    #6
    dennyk
    Registered Users Posts: 1,707 ✭✭✭dennyk


    https://www.boards.ie/discussion/comment/117842218#Comment_117842218

    It's not fuzzy; the one month advance notice is the law here for an employer to schedule leave or cancel a scheduled leave, rather than it being based on the length of the leave:

    "20.— (1) The times at which annual leave is granted to an employee shall be determined by his or her employer having regard to work requirements and subject—...( b) to the employer having consulted the employee or the trade union (if any) of which he or she is a member, not later than 1 month before the day on which the annual leave or, as the case may be, the portion thereof concerned is due to commence."

    Under the law, if you give notice of resignation, your notice period is a month or less, and you or your employer haven't previously arranged for you to take any annual leave days during that notice period, then your employer can't force you to take annual leave during that time, as that would be less than a month of advance notice, which is contrary to the law.



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