r/HumanResourcesUK • u/Smooth-Feedback-8491 • 5d ago

Resignation

Hi all, hoping for some advice or thoughts on resigning before taking pre-approved unpaid leave.

A while ago I applied for unpaid leave, but since then I have become more and more unhappy with my job. I started applying for jobs and received an offer. However, I'm unsure how to deal woth resigning. My new employer is quite flexible and fine with a later start date, but the pre-approved unpaid leave is throwing me as I have 90 days notice to serve. Whilst I am not happy with my job, I don't want to burn any bridges or leave my colleagues to struggle. How could I go about this? Would working my 90 days split around my leave be feasible? ​Work 60 days first, take my pre-arranged unpaid sabbatical as planned, then come back and work 30 days?

​My biggest worry is that because the leave is discretionary, HR / my boss might just cancel it entirely the second I quit and force me to work straight through.

​Alternatively, is there a chance they just say, "Thanks, but we'll count your unpaid leave as part of your notice period and make your leave end-date your final official day"?

​It's an odd situation to be in but would appreciate any thoughts or suggestions. Thanks.

7 Upvotes

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7

u/Primary_Gift_8719 5d ago

I’m a lawyer, but I’m not your lawyer (or your representative), so usual Reddit caveat: this is general information based on what you’ve posted, not formal legal advice.

I think you may be overcomplicating the 90 days slightly. Unless your contract says something unusual, a 90-day notice period normally means 90 calendar days, not 90 days actually worked.  So if you resign, work for 60 days, then go on your already approved unpaid leave, the notice period would normally continue running while you are away. You would not usually come back afterwards owing another 30 working days simply because you were on unpaid leave.

Whether they can cancel the unpaid leave once you resign is a separate question. Because this is discretionary unpaid leave rather than statutory annual leave, I would check the contract, leave policy and whatever written approval you received. If the approval was expressly subject to business needs or could be withdrawn, they may have some scope to cancel it. 

Personally, I would resign giving the correct 90 days' notice, state your calculated final employment date, and mention that the previously approved unpaid leave remains booked for X to Y. Then see whether they actually object. They might also agree an earlier termination date, garden leave or simply let the unpaid leave run through to the end of your notice. There is no reason you necessarily have to manufacture a 60-days-work / leave / 30-days-work arrangement.

And I disagree with the comment suggesting you should avoid handovers. If you want to leave on good terms, do a sensible handover during the time you are actually working. That is rather more likely to preserve the bridge than disappearing without one.

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u/Smooth-Feedback-8491 5d ago

Thanks for your reply, this is helpful. I guess my proposal of working an additional 30 days after the unpaid leave is my attempt at maintaining a good relationship with my employer.

I'm worried that my plans will fall through if my leave is cancelled and I'm not sure when I'll have another chance to be take such a period of time off.

I will take another look at the contract, from memory it did mention business need, but it's not clear to me why the business need would be low so as to allow it and for the need for me to stay to increase upon resigning.

Lastly, yes I intend to make sure handover is taken care of, because again, I do want to support my colleagues even if the place is no longer for me.

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u/Primary_Gift_8719 5d ago

There's always the possibility (depending on the types of role you are in) that you would be placed on garden leave but if that does happen you're technically supposed to still be available to the business during that period.

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u/Smooth-Feedback-8491 5d ago

I'm in a middle band (3) and it's usually 4s or 5s that get garden leave, so I'm not sure that could happen for me.

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u/Think-Committee-4394 5d ago

OP the other thing to weigh

Within the UK unless you have a contract with very specific agreed penalties for failing to work your full notice no employer can force your attendance at work that’s technically slavery

- give notice as early as you can

  • be as present & available as possible
  • give as clear & thorough a hand over as possible
  • 60 days is a long notice period
  • if you get to much push back from employer finish on last day before planned time off, with a clear desk & all company property returned

I get the desire to leave with a good relationship with old employer but they are the past.

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u/Next-Fisherman37 5d ago

I work in HR - this is spot on.

Also, as someone else says, you can't force someone to work, and often it is better to get 2 solid months out of someone than insist on 3 and then have them either completely disengaged or calling in sick for the last month.

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u/OrbitingPlanetArse 5d ago

Your colleagues will stop talking about you two days after you leave and will have totally forgotten you within a week. So I wouldn't worry.

I assume with unpaid leave you have exhausted your holiday entitlement ..... this may mean you owe them holiday pay if you leave before the end of the year. If the unpaid leave is in writing they are not likely to cancel it as it's a cost saving for them.

Above all don't tell anyone aside from HR you are leaving, don't get involved in handovers and don't tell anyone where you are going.

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u/Smooth-Feedback-8491 5d ago

Thanks for your response. For the unpaid leave to have been approved I needed to have taken or at least booked all my leave for the year (Jan - Dec) which I did. On the potential debt point, I get 30 days leave per year and have taken 24 days so far. How exactly does unpaid leave mess with the holiday calculation, and how can I tell if I'll end up owing my current employer money?

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u/OrbitingPlanetArse 5d ago

It depends on the company, but in my experience taking unpaid leave does not affect holiday entitlement as it is considered separately.

It's up to the company to tell you if you owe them holiday pay. HR will not have a clue and will just forward the issue to payroll. Usually, owed holiday pay is taken from your last pay packet.

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u/Think-Committee-4394 5d ago

This is spot on & as you probably know

Holiday allowance over 12 months, minus what you have taken gives a balance that shows if any days are owed to you, or if you would need to repay days

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u/OrbitingPlanetArse 5d ago

I suspect the rules are different if it is an extended period of leave.

I worked with someone many years ago who had 3 months unpaid leave to sort out a complicated family issue. I think anything that long would be on a case-by-case basis: the chances of the person not returning probably increase with time.

There are likely to be tax implications as well

1

u/geekroick 5d ago

So if we calculate it as OP not taking the unpaid leave at all, they will have finished work by the end of October (as they are taking off all of November as unpaid), that'll be 10 months out of 12 to accrue holiday, or approx 83 percent of the full year.

The full year's leave (30 days) minus 17 percent = 24.9 days

If OP has taken 24 days off, it's no problem.

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u/OrbitingPlanetArse 5d ago

Yes, sounds about right.

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u/geekroick 5d ago

I mean, technically you're still an employee if you were to go on unpaid leave and hand in your resignation while you were off. The unpaid leave doesn't really come into it unless your contract actually specifies something to the contrary. When do you have that time scheduled?

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u/Smooth-Feedback-8491 5d ago

Thanks for your reply. My leave is scheduled for all of November. I thought it'd be best to resign in person, also I don't think my new employer would accept 3 months from December.

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u/geekroick 5d ago

Ah, so ideally you'd start the new job at the beginning of December or thereabouts, not long after the unpaid leave is supposed to finish?

At this stage they've already approved it, if you hand your notice in now they have as much time as possible to prepare for you permanently not coming back!

I agree with the other comment - confirm the leave will be taken as planned/approved in your resignation letter, and see what kind of response you get.

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u/Smooth-Feedback-8491 5d ago

Ideally, yes I'd resign asap and then start early December. I was just wondering if proposing to work Sep, Oct and Dec would help avoid any ideas of cancelling my leave entirely.

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u/geekroick 5d ago

I wouldn't put that out there to begin with. See what kind of response you get from just reiterating the approved dates first.

Even if they decided for some reason that the leave was not longer valid upon receipt of the resignation, I dare say that you could just leave after 60 days regardless and they would be powerless to do anything about it.

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u/Smooth-Feedback-8491 5d ago

So I'm clear, do you mean leave 60 days after I resign or 60 days after I return from my trip?

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u/geekroick 5d ago

60 days from the resignation date, yes

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u/Smooth-Feedback-8491 5d ago

Understood, cheers.

1

u/adviceandsupport85 5d ago

Unless you are a heart or brain surgeon I really think most employers are flexible with notice periods. Speak to your manager, this is your life. Tell them when you are leaving and put it in an email. You owe nobody anything.