Leaving my job and greedy employers

Hammyman

SevenOfNine wrote: »

No, they are entitled to take any unused leave before going, they are not necessarily 'entitled' to insist on working until the last day & having all their unused leave in their final paypacket instead.

Sorry but you're completely wrong. I can get out my employment law CD and quote you chapter and verse if you really insist...

sagalout1954

When I left the Open University employment I was told to take my remaining outstanding annual leave during my notice period as it was not company policy to pay me for it.

Surely it depends on what's in your contract? What is employment law on this hammyman, are you saying that an employee can resign with a months notice (for example), and say "I've got 3 weeks annual leave owing but I'm not going to take it, I'll have the money instead"? Would all employers be obliged to pay instead of insisting the leave be taken.

paddedjohn

sagalout1954 wrote: »

When I left the Open University employment I was told to take my remaining outstanding annual leave during my notice period as it was not company policy to pay me for it.

Surely it depends on what's in your contract? What is employment law on this hammyman, are you saying that an employee can resign with a months notice (for example), and say "I've got 3 weeks annual leave owing but I'm not going to take it, I'll have the money instead"? Would all employers be obliged to pay instead of insisting the leave be taken.

what is being said is that if you have leave owing to you and you are working your notice, it is up to the employer if they let you take whats owing in lieu of notice or pay you for it in your final paypacket. an employer can decide when you have your holidays.

Uncertain

sagalout1954 wrote: »

When I left the Open University employment I was told to take my remaining outstanding annual leave during my notice period as it was not company policy to pay me for it.

Surely it depends on what's in your contract? What is employment law on this hammyman, are you saying that an employee can resign with a months notice (for example), and say "I've got 3 weeks annual leave owing but I'm not going to take it, I'll have the money instead"? Would all employers be obliged to pay instead of insisting the leave be taken.

I've tried to explain this in post 9.

As I said, subject to certain limitations, an employer can tell an employee when he can and cannot take his holiday. A contract MAY give the employee extra rights but cannot give him less than the legal minimum.

It is quite common (and perfectly lawful) for a contract to say that outstanding holiday should be taken during the notice period but giving the FIRM the discretion to vary this if not convenient. In which case they would of course have to pay the employee for the holiday after they leave.

Reggie_Rebel

Leave on pay day, after checking your dosh is in the bank obviously

Uncertain

Reggie_Rebel wrote: »

Leave on pay day, after checking your dosh is in the bank obviously

The problem is that would leave any untaken holiday unpaid. The OP would then have an uphill battle to recover this for the reasons I've explained.