Holiday pay when leaving job?

catkins

Am I right in thinking that if I leave my job at the end of the year I will get paid for the holidays I have not taken? I am still owed 7 days and as we are not allowed to take any time off in December I will not have used them if I leave. I was pretty sure that by law you have to paid for these but someone at work seems to think this is not so.

Anyone that can advise me?

Bossyboots

What does it say in your employment contract? I have never heard of anyone not being paid holiday time in lieu but I am not sure that it is illegal not to. You employer actually as a responsibility to ensure that you take four weeks paid holiday during the year if you work more than 30 (I think its that, might be less) hours per week so in fact they should be insisting that you take seven days off, rather than saying you cannot.

Here's some info. http://www.bizhelp24.com/business_law/employee-paid-holiday.shtml I am trying to find a link I once hand that spells out the employer's responsibility but I can't find it at the moment.

catkins

My employment contract only says I am entitled to 20 days paid holiday a year. I have worked at the store since beginning of July and was not allowed to take holiday in the first 13 weeks so that took me into the beginning of October and am not allowed to take holiday in December. Didn't really leave me a lot of time!!!!

I know if I stay on I have to take the holiday before the beginning of February when the new holiday year starts or else I lose it.

Savvy_Sue

Can you book a week now? But from the ACAS website:

"If a worker's employment ends, he or she has a right to be paid for the leave time due and not taken."

Teerah

How many days holiday have you taken since July Catkins?

lush_walrus

Normal contracts have written into them that if you have taken holiday that you have not acrued then the money will be reclaimed, and equally if you have not taken your holiday entitlement then you will be re-embursed for it. If you are entitled to 20 days per year then you will acru approximately 1 day holiday for every 13 worked approximately. So if you started in July the amount of holiday you will have acrued is proportional to the amount of time you have worked so that is the point you need to work back from and then check your contract.

catkins

I haven't taken any holiday so far. On my pay slip it says I have 7 days owed to me and I have been told by Christmas this will be 8. As I said, I am now allowed holiday in December and as I have more or less made up my mind to leave at Christmas I am hoping the holidays owed will be paid to me.

hex2

You have a claim under the working time regulations even if nothing is set out in your contract. State in your resignation letter that you are claiming your outstanding 8 days holiday to be paid in lieu. If they don't do it then you have a clean case for tribunal. If your holiday year runs till February then there really should not be an issue unless you are working for a real idiot.

Tongue

1. Check the wording of your contract of employment.
2. How frequent are you paid? weekly/monthly?
3. If monthly and paid mid month then when the pay has been cleared into your bank hand in your letter of resignation and take your 8 days holiday, there is nowt the Employer can do. If Employer trys to be funny then go off sick for one week and demand SSP and then your holiday pay in lieu !!!!