Reply With QuoteHow are you taking annual leave after you have worked your notice and terminated your employment?
What is your actual end date?
Is the annual leave part of this notice period before your last day of employment?
I am currently working my 4 weeks notice and I have 1 weeks annual leave left which I will take at the end of the 4 weeks notice, so 4 + 1.
The question is do I get to keep the car during the annual leave or hand it back before the leave starts. The vehicle is provided for private use for which I pay tax.
Cheers
How are you taking annual leave after you have worked your notice and terminated your employment?
What is your actual end date?
Is the annual leave part of this notice period before your last day of employment?
Why would you need to take annual leave after you've already left employment exactly?
You should work 3 weeks then have the last one off while still employed, retaining use of the car as you are still within employment.
I have worked for them for over 16 years so I felt it right to give them a full 4 week notice period.
The last date I will attend work will be 30th Nov and this will be followed by 1 week of annual leave up until 7th Nov.
It could be thought of as a 5 week notice period with 1 week of annual leave.
Sounds very much as if you are still employed until 7th (Dec?) so you should be entitled to the pay and benefits (absent anything to the contrary in your employment contract).Originally Posted by Chabsy
I would clarify with your employer if you can retain the car, its probably mentioned in the contract of employment....
Depends when your contract ends
Either you've given them 5 weeks notice, contract ends on the 7th, last week you are on holiday but are still employed, so you keep the car
Or, you've given 4 weeks notice, contract ends on 30th and they are paying you for a weeks unused holiday, no car
Can't tell you about the UK laws, of course. But it looks as if you're leaving without 'slamming doors', perhaps that will be of some importance and gives you room for negotiation. Employers brace themselves against employees who leave the building 'in a bad mood'. For that, rules about the company car are mentioned in the contract. Big chance that there's a 'leave your keys at the front desk on your way out' clause in the contract. In so many words: 'you leave, the car stays.'
Menno
I have said in my resignation letter that my last actual day will be the 7th dec and my last working day would be 30th Nov
IANAL, but I've had a good deal of experience of this over the past 25 years or so and it pretty well always runs like this:
You give them notice, (it's almost certainly written in your contract what notice period they require, is it 4 weeks?).
If at the stage of handing in your notice you are in "credit" in terms of holiday accrued in the year:
a) The company pays you for the holiday days in the event they want you to work the full 4 weeks
or
b) The accrued holiday is deducted from the 4 weeks notice and you attend work for whatever period is then left.
If you happen to have taken more holiday than you are entitled to on a pro rata basis for that year, the company can, (if they've got their clauses written correctly), claw back money from your final salary payment to cover the extra days taken.
In your situation, you can't take holiday from a job you don't have, which is where you are "at" when your contractual notice period ends.
(I would just ask them to pay you out for the holiday if you are prepared to work the full period).
You would normally retain the company car for the notice period and receive pay in lieu of holiday. Alternatively the company may wish to make a payment equivalent to your private use of the company car for the notice period if you are on garden leave or if the parting is not harmonious. I recall an instance of the departing employee putting the car into reverse whilst travelling forward at speed along with other vehicular abuse when the separation was less than happy before handing it back.
I think it’s quite simple. Your car is part of your remuneration package which you keep whilst you’re employed. Leave is taken whilst you’re still employed, so you’re entitled to keep the car. On your last day you’ll need to arrange to give it back, along with any other company property such as a laptop and phone (which you’re also entitled to keep whilst still employed - whether working or on holiday).
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As above you need to give the car back on your last day of employment (assuming there is no other arrangement in your contract).
If you are on leave during your last week of employment, you will have to go in during your leave to return the car.
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