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    • andygb
    • By andygb 10th Jul 17, 3:09 PM
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    andygb
    Working notice and paid leave
    • #1
    • 10th Jul 17, 3:09 PM
    Working notice and paid leave 10th Jul 17 at 3:09 PM
    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.
Page 1
    • Guest101
    • By Guest101 10th Jul 17, 3:42 PM
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    Guest101
    • #2
    • 10th Jul 17, 3:42 PM
    • #2
    • 10th Jul 17, 3:42 PM
    Well given the statutory minimum is 28 days I think there's an issue here
    • elsien
    • By elsien 10th Jul 17, 3:44 PM
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    elsien
    • #3
    • 10th Jul 17, 3:44 PM
    • #3
    • 10th Jul 17, 3:44 PM
    https://www.gov.uk/holiday-entitlement-rights/taking-holiday-before-leaving-a-job
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • Undervalued
    • By Undervalued 10th Jul 17, 4:22 PM
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    Undervalued
    • #4
    • 10th Jul 17, 4:22 PM
    • #4
    • 10th Jul 17, 4:22 PM
    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.
    Originally posted by andygb
    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
    • By Torry Quine 10th Jul 17, 4:26 PM
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    Torry Quine
    • #5
    • 10th Jul 17, 4:26 PM
    • #5
    • 10th Jul 17, 4:26 PM
    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
    • By ReadingTim 10th Jul 17, 4:47 PM
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    ReadingTim
    • #6
    • 10th Jul 17, 4:47 PM
    • #6
    • 10th Jul 17, 4:47 PM
    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?
    Originally posted by Torry Quine
    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
    • By andygb 10th Jul 17, 7:02 PM
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    andygb
    • #7
    • 10th Jul 17, 7:02 PM
    • #7
    • 10th Jul 17, 7:02 PM
    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
    • By jobbingmusician 10th Jul 17, 7:14 PM
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    jobbingmusician
    • #8
    • 10th Jul 17, 7:14 PM
    • #8
    • 10th Jul 17, 7:14 PM
    When the office was closed at Christmas, I'll be amazed if that wasn't counted as holiday......
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    • agrinnall
    • By agrinnall 10th Jul 17, 7:28 PM
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    agrinnall
    • #9
    • 10th Jul 17, 7:28 PM
    • #9
    • 10th Jul 17, 7:28 PM
    I do the payroll...
    Originally posted by andygb
    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
    • By andygb 11th Jul 17, 8:01 AM
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    andygb
    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.
    Originally posted by agrinnall
    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
    • By sangie595 11th Jul 17, 8:39 AM
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    sangie595
    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.
    • Savvy_Sue
    • By Savvy_Sue 12th Jul 17, 9:13 PM
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    Savvy_Sue
    If you do as sangie suggests, then your (by then former) colleague can, I believe, go to the small claims court for unlawful deduction of wages.

    And I agree that the Christmas closure would almost certainly count as holiday, if they were paid for it.
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