Entitlement to holiday pay when made to work notice

LadyMissA

sneak wrote: »

Its a copy of my contract.

well according to that link I posted and has you pointed out you have agreed to the lump sum of £1 for each day. I do not know what to suggest other than trying to take the holiday as part of the notice period - work half and holiday the rest if they agree.

getmore4less

Stop messing around and resign if you want to leave

It won't make any difference talking about it.

Get legal advice if they only pay £1 a day.

Allthough you may be stuck if they can only pay £1 a day
http://www.legislation.gov.uk/uksi/1998/1833/regulation/14/made

allthough there may be case law that overides that so you need advice.

LadyMissA

getmore4less wrote: »

Stop messing around and resign if you want to leave

It won't make any difference talking about it.

Get legal advice if they only pay £1 a day.

Allthough you may be stuck if they can only pay £1 a day
http://www.legislation.gov.uk/uksi/1998/1833/regulation/14/made

allthough there may be case law that overides that so you need advice.

'If you have an agreement with your employer, which says how much pay you will get instead of untaken holiday, you may get the amount in this agreement'

So the OP has one of £1

sneak

Sorry but all I was trying to do was get some peoples points of view of the situation and get together as much advice as possible. I like learning and retaining information that wil be benefitial to me or others in the future. So im trying to find out as much as possible facts wise and take that away with me.

Appologies for talking about it before taking action. I just feel this place is good and supportive when it comes to things that require a broad range of points of view and knowledge. Not to mention, I iust wanted some people to talk to, due to the stress of it all. the robots at work arent much luck.

getmore4less

Agree you need to try to get the facts but you can go round in circles and never leave.

I think you need to apply to take all the holiday in line with the contract and regulations.

Then you need advice if they refuse to let you take the holiday can the £1 a day stick.

google the relevent line from the employment act there are a lot of reference cases around payments on termination.
such sum as may be provided for for the purposes of this regulation in a relevant agreement

might be worth a post on the redundancy forum.

sneak

ive spoken to acas who basically told me that clause is a load of crap and they have to pay me if they dont give me all my owed days during my notice. as stated in the working time regulations. notice is going in tommorow. with a statement saying i would like any owed holidays paid that im unable to take, at the standard rate of pay. if they refuse, i complain in writing and if still nothing then contact acas an they will handle the matter for me.

getmore4less

tell them about the unused holidays you were not alowed to take last year if you go to ET might as well try to get theose as well.

sneak

i have researched more and am seeing contradicting information now. Acas and alot of other places state i am entitled to holiday unused upon leave at normal rate.

Gov.uk states: 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.

Surely there is a difference here as my contract states i do get paid. just not at the normal rate.

im sorry if im coming across as really whining and asking stupid repeat questions but i really wana know where i stand here and so do alot of other people in my work place in regards to the same thing.

sneak

what is the meaning of "contractual holidays" ?

dizzyrascal

I would not be messing about with payment for days not taken. Honestly I would just hand in my notice and say that you are due x amount of days so they will form part of my notice. In other words, if you have to give 30 days notice but have 20 days holiday to take, you only work for 10 days but will be paid for 30.
Where I work you have to take all leave due when you leave your job.