Leaving a job and untaken holidays

s-rly

Looking for some advice, im leaving my job and have 5 days holiday left over i work 20hrs per week and have my bank holidays included in my holidays can anyone tell me how many of my 5 days im entitled to be taken off my notice period? am i entitled to the whole 5 days?
thanks.

LittleVoice

Your holiday entitlement is made up of the "ordinary" days and bank holidays combined. Apportion that according to the percentage of the holiday year that will have passed at the time your employment ends. Deduct any holidays (including bank holidays) taken up to that termination point. You will be entitled to be paid for the balance.

heretolearn_2

If their year runs Jan to December, you might find that you have taken more holiday than you've accrued and you have to pay them back for that out of your final wages. You don't get your whole year's holiday allowance if you leave part way through the 'leave year'. For example if the leave year runs Jan - Dec and you leave end of June, you've only worked half the year, so you were only entitled to half the annual leave. If on standard 28 days then you were only entitled to 14 of those.

When does the firm's leave year run? Jan to December or April to March are common ones. Also how many days a week do you work? Unless you work irregular shifts that is what dictates your amount of holiday, not hours.

paddedjohn

op, how have you arrived at the total of 5 days? no matter how many you have left i think its up to your employer if they want you to take them as notice or make you work your notice and pay you any hols owed in your final pay packet.

LittleVoice

paddedjohn wrote: »

op, how have you arrived at the total of 5 days? no matter how many you have left i think its up to your employer if they want you to take them as notice or make you work your notice and pay you any hols owed in your final pay packet.

If the employer wants the employee to take holiday not already booked during the notice period then they have to give twice as much notice as the length of the holiday. To insist an employee takes, for example, 5 days' holiday, they would have to give 10 days' notice.

getmore4less

LittleVoice wrote: »

If the employer wants the employee to take holiday not already booked during the notice period then they have to give twice as much notice as the length of the holiday. To insist an employee takes, for example, 5 days' holiday, they would have to give 10 days' notice.

The notice for holidays is a bit misleading it is easy to work around as there seems to be no requirement on what constitutes consecutive holidays

In the above example to take 5 days requires 15 days 10 working

you just give 2 days notice for 1 day, work one day for a further 2 off and another work day for a further 2,

so 5 days holiday in 9 days with 4 working.

Or 1 day notice for 1/2 day off with 1/2 day work followed by 1 day off 1 day work, 1.5 days holiday 1/2 day work 2 days off.

5 days holiday in 8 days with 3 days working

LittleVoice

getmore4less wrote: »

The notice for holidays is a bit misleading it is easy to work around as there seems to be no requirement on what constitutes consecutive holidays

I know about the work rounds but not all employers do. Whether it can be used up in the way you suggest also depends on the notice period and the amount of holiday accrued.

Evilm

As above it depends on when your holiday year runs too and from. If it runs Jan-Dec you may have to pay some back.

paddedjohn

Evilm wrote: »

As above it depends on when your holiday year runs too and from. If it runs Jan-Dec you may have to pay some back.

only if its agreed beforhand.

Being paid for holidays you haven't taken

When you leave your job, you should get paid for any unused legal minimum holiday allowance, although your contract may say that you lose untaken contractual holidays. If you have taken more leave than you have earned, your employer can't normally take the money from your final pay unless it's been agreed beforehand

dmliverpool

You will get pro rated days of which a full time member of staff is entitled to. This calculation also works on the accrual of hoildays not the whole years entitlement. It works out roughly 2.2 days per month full time.

LadyMissA

paddedjohn wrote: »

only if its agreed beforhand.

Being paid for holidays you haven't taken

When you leave your job, you should get paid for any unused legal minimum holiday allowance, although your contract may say that you lose untaken contractual holidays. If you have taken more leave than you have earned, your employer can't normally take the money from your final pay unless it's been agreed beforehand

its illegal to say you lose untaken holiday as you would be entitled to this if you has stayed and they cant take holiday from you