holiday entitlement when leaving a job

[builder22]

I'm planning to leave just before christmas but still have 2-3 weeks worth of holidays left, I don't think it works this way but thought I'd ask......if I don't take the holidays does my employer have to pay me for the days I don't take or do I just lose them ?

obviously I'll just take the holidays before I leave if I'd lose them but makes sense to pay me for them as they'll have to employ someone else or get an agency worker in which would cost them even more

 

[MisChief]

I'm planning to leave just before christmas but still have 2-3 weeks worth of holidays left, I don't think it works this way but thought I'd ask......if I don't take the holidays does my employer have to pay me for the days I don't take or do I just lose them ?

obviously I'll just take the holidays before I leave if I'd lose them but makes sense to pay me for them as they'll have to employ someone else or get an agency worker in which would cost them even more

I think every employer is different. I would imagine most employers would get you to take the holidays otherwise they will pay you for whatever holidays you have left. At least that's what it's like with my employer anyway.

 

[Surveyor]

^ As above.

You'll need to recalculate your leave entitlement based on how far into your leave year you'll be working.

If your leave year was 1 April to 31 March, for example, then you'll be entitled ~75% of your leave allowance less whatever you've already taken.

 

[D.P.]

I'm planning to leave just before christmas but still have 2-3 weeks worth of holidays left, I don't think it works this way but thought I'd ask......if I don't take the holidays does my employer have to pay me for the days I don't take or do I just lose them ?

obviously I'll just take the holidays before I leave if I'd lose them but makes sense to pay me for them as they'll have to employ someone else or get an agency worker in which would cost them even more

Entirely depends on the terms and conditions of the employer, what was in the contract you signed, and how/why you are leaving your job.

There s no requirement that the company pays out your holiday leave but most companies will, however they may request that you take as much holiday as you can for you leave. If you are fired then you might not get anything, if you resigned you might have some terms and conditions like taking at least half your holiday before your last day, if you are beign laid off then you may get full paymnet.

 

[D.P.]

^ As above.

You'll need to recalculate your leave entitlement based on how far into your leave year you'll be working.

If your leave year was 1 April to 31 March, for example, then you'll be entitled ~75% of your leave allowance less whatever you've already taken.

True, but you may not be entitled to anything or may be forced to simply take the holidays.

 

[builder22]

cheers ppl, I'll just have to talk to them and see what they say, was just curious if there was any kind of law about it as one of the reasons I'm leaving is due to their penny pinching ways, so if there was a way out I'm sure they'd find it!

holiday year runs from jan to december btw so shouldn't lose much at all

 

[MrMoonX]

cheers ppl, I'll just have to talk to them and see what they say, was just curious if there was any kind of law about it as one of the reasons I'm leaving is due to their penny pinching ways, so if there was a way out I'm sure they'd find it!

holiday year runs from jan to december btw so shouldn't lose much at all

they have to pay you for the holiday or let you take it before you leave, otherwise you can claim in employment tribunal for non-payment of wages due and failure to adhere to statutory leave regulations

 

[D.P.]

they have to pay you for the holiday or let you take it before you leave, otherwise you can claim in employment tribunal for non-payment of wages due and failure to adhere to statutory leave regulations

I don't believe that is true. Certainly never been true anywhere I have ever worked.

 

[MrMoonX]

I don't believe that is true. Certainly never been true anywhere I have ever worked.

you got ripped off then, of course they have to let you take your statutory entitlement or pay you in lieu of it. They would take money out of your final pay if your pro-rata holiday entitlement was a negative on leaving, it works both ways

 

[malfunkshun]

you got ripped off then, of course they have to let you take your statutory entitlement or pay you in lieu of it. They would take money out of your final pay if your pro-rata holiday entitlement was a negative on leaving, it works both ways

Exactly that, you are entitled to payment in lieu of any untaken, accrued leave, since this is effectively part of your annual salary. The basic, statutory entitlement of 5.6 weeks is included in this, however any leave your contract entitles you to beyond that amount is subject to your employment contract.

Ooo additionally the above applies even if you are summarily dismissed (eg. for gross misconduct)

 

[Rroff]

AFAIK they either have to pay you for any outstanding holiday allowance accrued or insist you take it during your notice period. In theory if you've taken more holiday already in a given year than you've so far built up in time worked then they can take it back from your final wage tho most won't.

I know in my contract it says should I be fired then any owed holiday allowance will be calculated at a rate of 1p per day owed lol.

 

[malfunkshun]

I know in my contract it says should I be fired then any owed holiday allowance will be calculated at a rate of 1p per day owed lol.

That would be unlawful, the legislation clearly states that holiday pay should be the equivalent of a normal days pay. There is no exception that I am aware of for regular employees.

 

[builder22]

hmm, I get more than 28 days but have no idea what my contract says, it's a fairly basic job so was never really interested in anything other than hourly pay rate when I took the job

 

[malfunkshun]

hmm, I get more than 28 days but have no idea what my contract says, it's a fairly basic job so was never really interested in anything other than hourly pay rate when I took the job

Well, they will owe you for any unused leave making up the 28 days statutory leave, beyond that is down to your contract. They can oblige you to take as much of the unused leave as possible before you go, but often this isn't practical.

 

[Rroff]

That would be unlawful, the legislation clearly states that holiday pay should be the equivalent of a normal days pay. There is no exception that I am aware of for regular employees.

I wondered about that, not really sure how its handled if your dismissed due to disciplinary action (its definitely there in the contract tho heh).

 

[Housey]

Your contract will tell you how your entitlement is accrued. They will either pay you for entitlement not taken or will ask you to take the holiday. It is not something they can chose to do or not.

 

[Crafty]

Whenever I've left a job its been down to what I've accrued.. e.g.

24 days holiday a year means you accrue 2 days a month.
Lets say you've taken 10 days holiday
You hand in your notice in the 11th month, so have worked 10 months
10 * 2 = 20
Minus the 10 you already took
10 days leave owing.

I normally take this off of my notice period. I always put my leaving date in the resignation letter and double check with HR (or whoever) that I worked it out correctly.
They might pay you or let you have the time off - either way is fine but they must give you that benefit.

 

[malfunkshun]

I wondered about that, not really sure how its handled if your dismissed due to disciplinary action (its definitely there in the contract tho heh).

You cannot contract out of legislation. If you are dismissed/sacked/let go for any reason, even if that reason amounts to gross misconduct, you are owed the unused balance of the 5.6 weeks statutory entitlement at the correct rate for your current holiday year. As I said, though, anything beyond 5.6 weeks is a contractual matter and will be subject to company terms.

I suppose the short version is that employers can put anything that they want into a contract, but if it breaches the legislation it won't get them anywhere.

 

[builder22]

now considering leaving asap, my notice period is 1 week
if i leave in a weeks time do they have to pay me for the unused holidays or do I lose them because I haven't given them enough time to be able to book the holidays I have left ?

 

[Haggisman]

now considering leaving asap, my notice period is 1 week
if i leave in a weeks time do they have to pay me for the unused holidays or do I lose them because I haven't given them enough time to be able to book the holidays I have left ?

As many have already said, regardless of whether you have more days accrued than your notice period, they owe you those holidays and they have to by law either give you the days off paid in full or pay you the equivalent amount.

Think of it like this, if you have 10 days holiday accrued, and 1 week notice, then you give your notice, get paid for those 5 days, plus get paid for the additional 5 days after you leave. It's none of their business if you've got another job by that point.