Holidays Entitled to but not paid for

skintandscared_2

Jarndyce wrote: »

It is true. If there is no express agreement or contractual term that says that the leave is carried over, then it is lost.

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

Carrying over holidays

You do not have an automatic right to carry leave over. Of your 5.6 weeks entitlement, you must take the first four weeks of the leave, in the year that it is allocated. You can only carry forward the additional 1.6 weeks' leave if it remains untaken, with your employers permission or if it allowed by your employment contract.
If you have a leave entitlement more generous then the statutory minimum, your employer may allow you to carry over any of this additional entitlement if it remains untaken. However, this should be set out in your contract of employment.

Yes, absolutely. That is not what the previous poster said. They said that if holiday wasn't taken during a particular holiday year it was THE LAW that it was lost, full stop, end of story. That isn't true, as many firms DO allow carry-over. I didn't deny that it depends solely on the OP's firm's own policy, what I said was that it is not set down in law that every employee in the land is bound to take their full holiday entitlement during a holiday year and that carry-forward is not allowed by law.

[Deleted User]

He probably would have had holiday left over the first year.., and didn't take it. That may be lost.., but he has taken one days holiday this year.., and bank holidays. Must be an amount owing. When my OH asks when the holiday year starts.., his ex-employer doesn't answer.., just mumbles.., even yesterday. Even if its april to april.., that's still eleven days plus in total, less bank holidays.

I must be nieve, it amazes me that an employer can be as dishonest as this and get away with it. Because of the wage slips (not having a gross earned figure or tax/NI amounts deducted) we didn't know what he was earning per hour.., he'd take pay off for 'missed hours' and no idea how much he'd taken off or for what exactly. My OH would ask him for an afternoon off as a half day holiday.., and money would be missing from his wages. No idea if it was taken off his holiday days due too.., and unfortunately probably no way to tie an employer like this down. Of course, they get away with it (admittedly my OH is a bit softer than I am) which is rather annoying.

Oh well at least the new job will be better than this. Computerised payslips showing all amounts, even an employment contract. Unheard of luxuries lol.

Hammyman

deannatrois wrote: »

However, he's now left this job (and going to another). He has worked there for 13 months.., according to directgov he should have been due 28 days paid holiday per year. He's taken 15 paid holidays in that time.., and now only been given 3 days holiday in his final pay packet. As he's worked 13.5 months rather than 12, I reckon he's short 10 days.

To me, it stinks a mile.., but what do we do about it in reality?

Did he have bank holidays off and get paid for them? If so then there is 8 of the 10 missing days.

OnlyMe_08

Can unused holiday allowances be paid rather than carried forward?

Is there a statutory number of days' holiday which must be taken before any unused could be carried forward?

skintandscared_2

OnlyMe_08 wrote: »

Can unused holiday allowances be paid rather than carried forward?

Is there a statutory number of days' holiday which must be taken before any unused could be carried forward?

From that direct.gov link, it says:

"You do not have an automatic right to carry leave over. Of your 5.6 weeks entitlement, you must take the first four weeks of the leave, in the year that it is allocated. You can only carry forward the additional 1.6 weeks' leave if it remains untaken, with your employers permission or if it allowed by your employment contract."

You cannot be paid for unused holiday unless you are actually leaving the company.