Entitlement to holiday pay when made to work notice

dizzyrascal

Why don't you just book the days off anyway. What are they going to do to you? Can't really sack you as you are leaving anyway.
Wherever I have worked we have always had to take all our leave as we were not allowed to have the money instead.
If they have staffing problems that is not your concern.
They don't really care about you now as you are leaving so I wouldn't be trying to be so helpful.

duchy

I doubt it's in your contract -and if it is-it isn't legal anyway. Either you're entitled to paid holiday or you are not. The company can't just decide to pay you a pound instead (although I could see a scenario like that for untaken leave crossing the end of the holiday year)

Dig out your contract (or borrow someone else's with the same wording) and give ACAS a call.

They can certainly refuse you leave at short notice but would need to pay you in full for them instead. If you just said tough I'm taking them so as I have 2 weeks left and am supposed to work a month's notice I'll be leaving in a fortnight there's not much they can do baring giving you a rubbish reference. Only you know if that will impact on your new job or not.

In you situation I'd write my formal resignation something like

Dear Mr Smith

Please accept this letter as my formal resignation from the company as <lion tamer>.

I understand I am required to give a month's notice however as I am owed 14 days holiday my final working day will be <one month less however many working days you are owed> to account for this . I understand this may cause some issues with staffing levels so in a spirit of co-operation I may be able to vary this leaving date provided all holiday days are paid at my normal pay rate and with reasonable notice.

Yours sincerely

(Note you are telling them what you are doing NOT asking them if you can)

LadyMissA

sneak wrote: »

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.

Send them that link I posted here and regardless of the contract it is not legal to pay you £1 for each day that's untaken.

sneak

going to find out now!

sneak

Been unable to sort this today now as finished work and managers unavailable to talk to me about it so have to wait until tommorow. god sake!

LadyMissA

sneak wrote: »

Been unable to sort this today now as finished work and managers unavailable to talk to me about it so have to wait until tommorow. god sake!

Just tell them they are wrong and you want your holiday pay.

sneak

The HR department are pretty adament its £1 per day holiday owed upon leaving. when I challenge them about it in terms of legality and where i agreed to this they just repeat its a pound a day. i feel as if they are being totally off with me about it too like its something seriously bad to be enquiring about that sort of stuff. for god sake i travel 4hrs a day to work have some understanding is all i ask..

I cant wait to leave this place the way they are!! looks like il have to wait til tommorow to hand my notice in though now.

more time for advice though I guess.

getmore4less

Forget the did 4 hours commuting etc. stick to the facts of what yuo are due to be paid.

You need to get the following sorted asap all in writing if possible.

a copy of your contract
holiday year
holiday allowance

calculate your accrued holiday
take of any days taken

Include in the notice letter to your boss/hr that includes your calculations and what holidays you are due and expect in you final pay or to be taken during notice with approval.

If you don't get paid have a lter ready to send that says they have 7 days to pay or you will go to employment tribunal.

Don't give them any reason to counter claim, so work your notice or take the holiday ONLY if approved.

LadyMissA

sneak wrote: »

The HR department are pretty adament its £1 per day holiday owed upon leaving. when I challenge them about it in terms of legality and where i agreed to this they just repeat its a pound a day. i feel as if they are being totally off with me about it too like its something seriously bad to be enquiring about that sort of stuff. for god sake i travel 4hrs a day to work have some understanding is all i ask..

I cant wait to leave this place the way they are!! looks like il have to wait til tommorow to hand my notice in though now.

more time for advice though I guess.

You need to put in your letter that you expect to be paid in FULL for all untaken holiday.

If they still say no it's £1 a day in the months notice you are going to work raise a grievance against them.

sneak

Thanks for all advice.

so is there absolutly no chance they can legally pay me £1 per day for any owed genuine holidays i cant take before leaving?