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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 78650
Experience:  Qualified Employment Solicitor
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I am just wondering. I handed in my 2 week notice last

Customer Question

I am just wondering. I handed in my 2 week notice last Thursday, and I am on probation. I do not want to carry on working here, so I am wondering somethigf something* Can I take the rest of my sick leave in this 2 week period? So that I can get out of here earlier
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No I am trying to find out if it is agaisnt any rules or whatever before I ask my practice manager
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee, medical secretary for 3 consultants
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Well, I handed in my resignation, and my practice mananger completely changed it before sending it to the conusltants I feel like that is something that isn't allowed
Submitted: 14 days ago.
Category: Employment Law
Expert:  Ben Jones replied 14 days ago.
Hello, I’m Ben, an employment solicitor, and it’s my pleasure to assist you. I may ask for some information first to determine the legal position.
Customer: replied 14 days ago.
Hello,
Customer: replied 14 days ago.
Did you see all previous m,ee
Customer: replied 14 days ago.
messages*
Expert:  Ben Jones replied 14 days ago.

I understand you are wanting to leave your employment before the end of your contractual notice. Are you intending on getting a sick note from your GP?

Customer: replied 14 days ago.
No, I am not ill
Customer: replied 14 days ago.
I just want to leave as soon as possible
Expert:  Ben Jones replied 14 days ago.

OK so please clarify what you meant by asking "Can I take the rest of my sick leave in this 2 week period? So that I can get out of here earlier"

Customer: replied 14 days ago.
Sorry, I meant holiday! Not sick leave
Customer: replied 14 days ago.
I still have 8 days holiday, and I would much rather take the 8 days then be paid for it
Customer: replied 14 days ago.
I am just wondering if this is possible during my 2 week notice period
Expert:  Ben Jones replied 14 days ago.

OK I understand and thank you for providing the information requested. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 14 days ago.
Would you be able to email me on***@******.*** ? I am currently on a work computer
Expert:  Ben Jones replied 14 days ago.

You should receive a notification from JustAnswer to the email you used when registering on the site. I will get back to you at the earliest opportunity. Many thanks

Customer: replied 14 days ago.
Thanks for your help
Expert:  Ben Jones replied 14 days ago.

No problem. Thank you

Expert:  Ben Jones replied 14 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

You can indeed go on sick leave during your notice period as a notice period is treated no differently to any other time during your employment. However, you need to check whether your contract states that any sick leave taken during the notice period would extend it for the time you have taken off. This is rarely included in a contract but I have seen it before. If there is no such clause, you are free to take sick leave during your notice period without your end date being affected.

Expert:  Ben Jones replied 14 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 14 days ago.
Hello, thank you so much for replying. Thank you for this. However, I would like to know about taking the rest of my holiday during my probation. Is that something you could answer?
Expert:  Ben Jones replied 14 days ago.

Hello again and thank you for your further queries, which I will be more than happy to answer.

Under the Working Time Regulations 1998 employers have the legal right to decide if and when their employees take their holidays. There are specific requirements dealing with the length of notice that must be given in relation to this, depending on who is asking for the holidays to be taken.

1. If an employee wants to take holidays, they must give the employer notice, which is at least twice as long as the time they want to take off. For example, if they want to use up 5 days’ holiday from their allowance they must submit their request at least 10 calendar days before they want the holidays to start. However, even if the correct notice is given, it does not guarantee that the holiday request will be granted by the employer who retains the right to reject any such request

2. If the employer wants to reject an employee’s request for holidays, they must give the employee notice which is at least equivalent to the holidays they had requested to take. For example, an employee wants to take 5 days holidays - the employer can reject that request if they advise the employee of their decision at least 5 calendar days before the holidays were due to be taken.

Expert:  Ben Jones replied 13 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.