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Linda McCarney
Member - 3 posts
Hi,
One of our Associate Directors has resigned and given us, as per our contract, 3 month's notice. However he still has 1 month of holiday owing and is proposing to take this from his 3 month notice period effectively only working for the next 2 months.
However our Partner is keen that he stays and works out his full notice period, without adding the holiday in.
What are we legally bound to do in this case? Our procedures for holidays are that they all need to be authorised (in this case by the said Partner) and should the intended holiday time exceed 2 weeks away from work then this would need to be given special consideration and appropriate sign off by the line manager (aka Partner).
Any help and advice you could give would be gratefully received.
Thankyou,
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Martin Brewer - Mills & Reeve
Online advisor - 84 posts
It's entirely a matter of contract. The right to take holiday in your case is subject to authorisation. Thus you can prevent the leave being taken. If any of this leave amounts to statutory annual leave under the WTR then 'compensation' will have to be paid. Your contract may also allow for untaken leave to be paid in lieu so you will need to check this.
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