Entitlement to holiday pay when made to work notice

sneak

Hey everyone.

Thought this would be the best place to put this.

Long story but ive got a new job due to start on 30th july. Im still employed and enquired with my employer about notice periods. They advised me of 1 month.

Now, ive worked here for 1.5 yrs. dedicated. 4hours travel daily by public transport in total.

Ive worked pretty much every bank holiday since september last year also, and took no holidays as i was knocked back alot due to people taking the days i requested., so they have built up to about 18days holiday altogether.

If i am required to work my notice period (which was hinted to me) fully due to the nature of my job, Am i entitled to get paid for the holidays i am owed when i leave?

Its been mentioned at work by people, they only pay £1 per day holidays you have when you leave..is that even legal?!

All feedback welcomed! I am planning on handing my notice in tommorow, but really I have a bout 5 days to play with if im advised otherwise..


Thanks everyone...

Torry_Quine

A lot depends on when your holiday year is. The minimum for a year is 28 days inclusive of bank holidays and this will be pro rata. Any holidays you are entitled to but haven't taken you should be paid for.

hcb42

what is your holiday year? is It Jan-Dec? In which case you will have approx 6 months leave accrued - which should be paid at your normal rate assuming you have not taken any and not planning to take any.

£1 a day is ridiculous! If you have not taken your holidays from prev years and not brought it to anyone's attention at the time i.e. in the relevant holiday year, then not sure what you could do about it now..

LadyMissA

Did you carry over holiday that was agreed in writing?

Is so how many days from the previous holiday year?

Then when does the holiday year start, what is your entitlement and how many have you taken?

paddedjohn

You are entitled to be paid for any untaken leave owed to you in your last wage, are you sure you have 18 days owing? when does your holiday year run from/to? even though you have took no hols since last september you may have lost any unused from last year if your hol year only runs from jan/dec

Kynthia

Don't you think it's premature to start going online and bad mouthing your employer? You might be breaching their social networking policy and could get yourself dismissed before your notice period expires. I think it might be safest if you edited out their name.

Find out from your HR department tomorrow about what happens to unused annual leave when leaving. You may have been told the wrong thing as most employers pay for this if they won't let you take it.

sneak

Ta kynthia.

and others for the info.

I will report back tommorow with whatever info they give me.

My holidays expire each year in september / october. So ive been acruing them freshly since then plus bank holidays as i have to work them and they give me an extra day holiday plus normal pay on the day.

paddedjohn

in that case every day you are owed has to be paid to you in full, ignore the rumours about £1 a day, it just wont happen.

Jst to add that by the end of June you would have accrued 10 months worth of hols so if you havnt taken any at all this would be 23ish days and not 18 as you mention in your op (based on the min 5.6 weeks on a 5 day week)

sneak

Ok so still waiting for further info but had it confirmes i will get paid £1 per day holiday pay if i have to work my notice.

I am not at all happy as I feel they are going to make me work my notice. and through no real fault of my own i have been unable to take the holidays im owed.

LadyMissA

sneak wrote: »

Ok so still waiting for further info but had it confirmes i will get paid £1 per day holiday pay if i have to work my notice.

I am not at all happy as I feel they are going to make me work my notice. and through no real fault of my own i have been unable to take the holidays im owed.

You are entitled to paid holiday or you are entitled to take them all before you leave. £1 is not correct.

Your notice has nothing to do with holiday!

Why do they say it's £1 a day? What does your contract say happens to holiday when you leave?


See here

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788


The basics of holiday rights



There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:

• you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
• part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
• you start building up holiday as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you have not taken
• bank and public holidays can be included in your minimum entitlement
• you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave

sneak

I need to get a copy of my contract but they are saying that its in the contract i signed when i started emplotlyment with them.

Does that mean im screwed?

Holidays take 2weeks notice also to get approved and in busy times such as at the minute they knock them back.