Working notice and paid leave

andygb
andygb Posts: 14,631 Forumite
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in Employment, jobseeking & training
If your annual leave allowance is 22 days, and you have been at a company for 8 months and only used 1 day annual leave (too busy to take), then are there laws which says that the employer should pay you in lieu of leave if you decide to leave (another job). Let us also factor in the 1 month notice period.
I have estimated the untaken leave at 13.5 days.
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Comments

  • Guest101
    Guest101 Posts: 15,764 Forumite
    Well given the statutory minimum is 28 days I think there's an issue here
  • elsien
    elsien Posts: 32,680 Forumite
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    https://www.gov.uk/holiday-entitlement-rights/taking-holiday-before-leaving-a-job
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  • Undervalued
    Undervalued Posts: 8,843 Forumite
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    andygb wrote: »
    If your annual leave allowance is 22 days, and you have been at a company for 8 months and only used 1 day annual leave (too busy to take), then are there laws which says that the employer should pay you in lieu of leave if you decide to leave (another job). Let us also factor in the 1 month notice period.
    I have estimated the untaken leave at 13.5 days.

    Yes, they must either let you take the holiday you have accrued or pay you for it after you leave. Their choice.

    By 22 days I assume you mean 22 plus the 8 public holidays so 30 in total? As you have been there eight months I assume you have taken the Christmas, New Year, Easter and Spring BHs in addition to one other day?
  • Torry_Quine
    Torry_Quine Posts: 18,828 Forumite
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    Also when is the annual leave year?. If you are in a different year from when you started why wasn't it taken before the end of the year?
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  • ReadingTim
    ReadingTim Posts: 3,970 Forumite
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    Torry_Quine wrote: »
    Also when is the annual leave year?. If you are in a different year from when you started why wasn't it taken before the end of the year?

    This could be a factor, especially if you're not allowed to carry holiday forward (or not carry forward more than (say) 5 days). If it's a case of "use it or lose it", you may have lost it.

    Your contract ought to detail all of this stuff - what does it say?
  • andygb
    andygb Posts: 14,631 Forumite
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    The person started in December last year, but understandably did not take any leave straight away, and then the office was closed at Chritmas. They were allowed to carry over their leave (for obvious reasons), but because of staff absence and their busy workload have only been able to take one day off so far.
    I do the payroll (but do not have any authority over the annual leave side of things), and they are concerned (rightly so IMO) that the boss is going to attempt to stop their holiday pay when they leave (he is very mean and nobody got a bonus this year). He has already had a word with me about it, trying to find some loophole, but I have told him that he will have to pay it, because he hasn't given the person a chance to take any leave (hasn't even thanked her for all the extra work she has done, standing in for other people).
    I think he is annoyed with me now, because he thought I would just fall in line, and not pay the person any pay in lieu when they leave next month.
  • jobbingmusician
    jobbingmusician Posts: 20,343 Forumite
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    When the office was closed at Christmas, I'll be amazed if that wasn't counted as holiday......
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  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    andygb wrote: »
    I do the payroll...

    Then isn't it a requirement of the job that you know the law and apply it properly? Your boss has no say in the matter.
  • andygb
    andygb Posts: 14,631 Forumite
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    agrinnall wrote: »
    Then isn't it a requirement of the job that you know the law and apply it properly? Your boss has no say in the matter.

    Well, he owns the business, and he seems to think that he can do as he pleases.
    I should have started this post with the words - "in the real World".
    I keep reading posts on this forum, where posters tell others - "you can be sacked within two years without any reason being given"
    That is of course true, and that is what will happen to me if I go against him on this matter, because at least one of my predecessors lost their job for standing up to him.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    If you have no authority over payroll decisions or holidays, then it is not your responsibility to tell the employer what they must do. And it's not your problem to make sure this other person gets their holiday pay - or what is due. You simply ask the person who does have that authority how many, if any, holidays that person had taken for three calculation of wages, and what, if any, other additions or deductions from salutary there may be. Then you process that. None of that gets you into trouble.

    If the person is not paid correctly, it is for them to resolve that with the employer - not for you to do.
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