can i take my holiday pay and still keep on working?

johnnytoday

hello

the payslip that i get everytime i get paid theres something called totalholiday pay accured. so if i take that money is it compulsory that i have to take a holiday. is it possible for me to keep on working but take the holiday pay. i haven't been wise with my spending this year so i need to keep working
thank you in advance

dmg24

It would be up to your employer.

Hammyman

It isn't compulsory that you take the holiday. They can't stop you but they can't make you take it either - the only downside is there is no automatic entitlement for the first 20 days holiday pay to be carried over to the next year if unused.

How you're paid your holiday pay is called "rolling up" which was initially judged to be illegal in a test case however that has since been amended to be legal as long as the enhanced pay rate clearly demonstrates a component of it is holiday pay.

Your employer is fully compliant in this respect. Work away!

168hourweek

You wont get full weekly take home pay as you will pay tax on the whole amount(no tax allowance)

fishtaxi

Hammyman wrote: »

It isn't compulsory that you take the holiday. They can't stop you but they can't make you take it either - the only downside is there is no automatic entitlement for the first 20 days holiday pay to be carried over to the next year if unused.

How you're paid your holiday pay is called "rolling up" which was initially judged to be illegal in a test case however that has since been amended to be legal as long as the enhanced pay rate clearly demonstrates a component of it is holiday pay.

Your employer is fully compliant in this respect. Work away!

I was wondering this same thing...
My employer says leave has to be taken, and believes that to be the law.
Where can I find official information to quote to convince them otherwise?

Daxx

Why would any company agree to pay you for 52 weeks that you work and then holiday entitlement on top. They would basically be paying you an extra months wage.

Although i'm sure if you chose to surrender your holiday days and just continue to work as normal the company would be ok with that but would also see that as surrendering you right to holiday pay.

MrsManda

According to Direct.gov.uk you have to take statutory holiday:

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_171945

Payment in lieu for holiday or 'buying out'

You are not allowed to exchange any untaken statutory holiday entitlement for pay. You must take all of your statutory holiday entitlement each year.

Are you a temp/agency worker?

MrsManda

Hammyman wrote: »

How you're paid your holiday pay is called "rolling up" which was initially judged to be illegal in a test case however that has since been amended to be legal as long as the enhanced pay rate clearly demonstrates a component of it is holiday pay.

I thought this but then I found this:

Rolled-up holiday pay

Holiday pay should be paid for the time when you actually take your holiday. Your employer cannot include an amount for holiday pay in your hourly rate (called 'rolled-up holiday pay'). If your current contract still includes rolled-up pay, you and your employer should renegotiate it.

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711

Rolled-up holiday pay

Following an ECJ judgment on 16 March 2006 and more recent judgments in UK courts, rolled-up holiday pay (RHP) is considered unlawful and payment for statutory annual leave should be made at the time when leave is taken.

http://www.bis.gov.uk/policies/employment-matters/rights/working-time/case-law

Uncertain

You have to take your statutory holiday (28 days per year).

If you get more holiday than this you may be able to agree to work those days ONLY and get, effectively, double pay. Your employer would need to agree and they don't have to.

elisebutt65

Unless, of course, you're a term time only worker? Then your holiday pay is rolled up as you're off in the holidays, yet still getting full pay (well, pro rata-ed pay)

Googlewhacker

It is a rubbish law because some employees would rather not work, I have a couple that work for me and I have to make them days of because they just woudn't take the holiday.

I would rather just pay them when we are busy and them work but it is there to stop employers forcing their employees not to take holiday.