Holiday pay in lieu

flossy_splodge

If someone gives notice to end their employment and they still have 2 weeks leave to take, can they insist on taking those 2 weeks as part of their notice as the holiday year ends at end of March and they want to leave end of Feb/
They are afraid that they will never get paid for holiday not taken as company is shonky in how they deal with their employees.

paddedjohn

AFAIK they can only have the leave if the employer agrees but the must be paid for any untaken leave in their final pay packet.

anamenottaken

flossy_splodge wrote: »

If someone gives notice to end their employment and they still have 2 weeks leave to take, can they insist on taking those 2 weeks as part of their notice as the holiday year ends at end of March and they want to leave end of Feb/
They are afraid that they will never get paid for holiday not taken as company is shonky in how they deal with their employees.

If the holiday entitlement is simply the statutory minimum (5.6 weeks), then the employer cannot prevent an employee taking that holiday but the employee must request it.

The two weeks you mention - is this two weeks which would be the balance due for the year ending on 31 March or is it what would have been accrued by the date of termination if that is earlier than 31 March?

flossy_splodge

yes it is statutory minimum.
I believe they HAVE requested it but will check.
Is it enough to have requested it at the point of giving notice?

paddedjohn

When you leave your job

When you leave a job you can take the statutory holiday entitlement that you have accrued up to the time you leave during your notice period, as long as you give the right notice and your employer agrees.
You also have the right to be paid for any untaken statutory holiday entitlement that you have accrued.
If you have taken more leave than your accrued entitlement, your employer shouldn't take money from your final pay unless it's been agreed beforehand. Check your contract to see if there's any such agreement.

flossy_splodge

paddedjohn wrote: »

When you leave your job

When you leave a job you can take the statutory holiday entitlement that you have accrued up to the time you leave during your notice period, as long as you give the right notice and your employer agrees.
You also have the right to be paid for any untaken statutory holiday entitlement that you have accrued.
If you have taken more leave than your accrued entitlement, your employer shouldn't take money from your final pay unless it's been agreed beforehand. Check your contract to see if there's any such agreement.

Can you tell me where this extract comes from please?
Thanks.

agrinnall

Most information of this sort can be found on DirectGov, in this case it's from http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711