Been told I am not entitled to untaken holiday if I leave

SandA

Hello

I spoke to my employer yesterday about my untaken holiday. I am currently on Maternity Leave and I did not take any holidays before I went on leave and I am aware I have been accruing them while I have been away.

I am now leaving the job, but they tell me that since I am leaving all of my untaken holidays get wiped and not paid to me.

Can they do this?

Thanks

getmore4less

NOT the statutory holidays

SandA

They wouldn't give anything more then what they legally have too lol

Sambucus_Nigra

We've already discussed this at great length.
https://forums.moneysavingexpert.com/discussion/4373035

Uncertain

Sambucus_Nigra wrote: »

We've already discussed this at great length.
https://forums.moneysavingexpert.com/discussion/4373035

Indeed.

And just to confirm, the company MUST pay you at least the STATUTORY holiday you have accrued (i.e 28 days per year). If you get more holiday than this they may have rules saying that the extra days are lost.

If they fail to pay the statutory holiday it would be a simple employment tribunal claim to recover the money. You MUST however file such a claim within three months of leaving so don't get strung along.

First step is to write to them setting out clearly what is owed and giving them, say, 21 days to correct the error otherwise you will commence legal action.

SandA

You MUST however file such a claim within three months of leaving so don't get strung along.

First step is to write to them setting out clearly what is owed and giving them, say, 21 days to correct the error otherwise you will commence legal action.

Im aware I have discussed this before but have had oral confirmation that they dont intend on paying holidays by someone high up. so wanted the next steps as the quoted poster has delivered.

Would it cost me anything to go to a small claims tribunal?

Uncertain

SandA wrote: »

Would it cost me anything to go to a small claims tribunal?

At the moment an employment tribunal claim is complete free.

You could also make this claim via the small claims court but you would have to pay a fee up front. This would be added to what they were ordered to pay you should you win.

One advantage of the ET route is that ACAS will become involved and basically tell the employer they don't have a leg to stand on. Hopefully this would make them pay without having to go to a full hearing.

What, if any, reason have they given as to why they think they don't have to pay?

SandA

According to them as I have been on leave and not working there the holidays I have been accruing can not be reimbursed in the event that I leave employment.

Its a big company as well. The HR at my particular branch don't seem to know what they are talking about

Uncertain

SandA wrote: »

Its a big company as well. The HR at my particular branch don't seem to know what they are talking about

They often don't!!

It is just the same as holiday accruing during sick leave, amazingly some HR departments either don't know that or at least pretend not to know that!

At least with this type of claim there is the court option as well, so all is not lost if you fail to make an ET claim within three months.

AP007

SandA wrote: »

According to them as I have been on leave and not working there the holidays I have been accruing can not be reimbursed in the event that I leave employment.

Its a big company as well. The HR at my particular branch don't seem to know what they are talking about

You have been on holiday leave? Thats a new name for maternity is it? HR seem a bit dim.

getmore4less

Work out your accrued untaken holiday(carry over from last year if maternity went over the holiday year boundry and you could not take the holiday).

Make a note to go along with your resignation, final day information, write/email telling them what payments you expect in your final pay and if they disagree to respond in writing with their calculations.
(include all holidays even if over statutory min let them decide not to pay those)

it will make the process quicker because if the pay is short you can issue a letter before action giving them 7/14 days to correct getting an ET in before the month is up.