holiday pay / handing notice in

cg1982

after my employer refused to let me take my holiday pay does any one know if i am still entilted to it i handed my notice in on the 31st march with a letter stating i was very unhappy that it took so lonng for them to tell me i cant take with which kinda made me lose it if you know what im saying?
hope someone can help me

*Scarlett

I'm assuming that you mean that your employer refused to allow to use your holidays as part of your notice period so they want you to work your full notice period.

As far as I know they are entitled to do this, but equally you would be entitled to be paid for any accrued holdays that you have not taken. So if the holiday period runs from 01 Jan you are entitled to be paid for holidays accrued from then until your last day of work. There is some information on this site that may help you.

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

Hope this helps.

anamenottaken

cg1982 wrote: »

after my employer refused to let me take my holiday pay does any one know if i am still entilted to it i handed my notice in on the 31st march with a letter stating i was very unhappy that it took so lonng for them to tell me i cant take with which kinda made me lose it if you know what im saying?
hope someone can help me

Were they refusing to allow you to take holiday before you resigned?
Did they refuse to allow you to take holiday during your notice period?
When does your holiday year run from - 1 January or 1 April or some other date?

cg1982

i asked a couple of months back for them to sort days out so i could take them as calender was full so management sugested i take 1-2 a week ect up til april then i kept asking for 2 ,months i asked 2 weeks ago and finally got its to late to take them now so youve lost them. i handed my notice in becouse of this i am currently working my week (working never asked to take it as holiday)
thanks for your help

holiday runs from april to april

tim123456789

cg1982 wrote: »

i asked a couple of months back for them to sort days out so i could take them as calender was full so management sugested i take 1-2 a week ect up til april then i kept asking for 2 ,months i asked 2 weeks ago and finally got its to late to take them now so youve lost them. i handed my notice in becouse of this i am currently working my week (working never asked to take it as holiday)
thanks for your help

holiday runs from april to april

If these are the statutory minimum days the employer is not allowed to engineer a situation where you lose them.

cg1982

tim123456789 wrote: »

If these are the statutory minimum days the employer is not allowed to engineer a situation where you lose them.

im not sure what that means all i know is i had 10-13 days holiday to take they refused they started nit picking so i handed in my notice last day in march
once again thank you all for your help

anamenottaken

What tim was saying is that your employer acted in such a way that you could not take your holidays and this is not lawful. (I am assuming that all or most of those 10-13 days were part of your statutory entitlement.) Statutory entitlement cannot be carried forward to a new year and are lost if not taken BUT it appears you tried to take the holiday but were not allowed to do so by your employer. They should compensate you for this.

Also, as you are working your notice, you will be accruing holiday since 1 April and this must be paid if it is not taken. I have assumed that your holiday year runs from 1 April to 31 March rather than from some date in the middle of April.

cg1982

thank you the first bit made sense now you are totally correct there

i started work in october 2010 handed notice in 31 march 2011 our holiday year ended 1st april so does this mean i will lose it all i really hope not as this is why i am leaving im not prepared to be mucked about by my employer

anamenottaken

cg1982 wrote: »

thank you the first bit made sense now you are totally correct there

i started work in october 2010 handed notice in 31 march 2011 our holiday year ended 1st april so does this mean i will lose it all i really hope not as this is why i am leaving im not prepared to be mucked about by my employer

I would write to tell them that, as they prevented your taking the holiday before 31 March, you are willing that they compensate you for their failure.

Try to get them to agree what they will be paying you for your last pay day. The minimum statutory notice period in your circumstances is one week. Did your contract require to give you more?

cg1982

my boss said 7 days notice im on my 5th i finish friday she tells me today (confussed) i have wrote them a letter handed it to them last week stating i wearnt happy about them doing nothing about holiday then refusing and wondered if there was something they could do to satisfy me as i am entiltled to it and they prevented me from taking it.

p.s most of the time there is no talking to my employers there busy (even more busy now ill be leaving them understaffed) if you get me

anamenottaken

You handed in your notice on 31 March so one week runs from 1 April to 7 April inclusive.

What your boss says now about notice should be in accordance with what was in your written statement of your employment conditions. You should have received this within two months of your starting work. Does it say that notice has to be a week ending on a Friday?