Entitlement to unused annual leave payment after resignation

z0nk

Hi there,

I was required to attend a disciplinary hearing on 20th November. The likely outcome was dismissal.

For various reasons I handed in my resignation prior to this, with an immediate effective date of 31st October.

They accepted my immediate resignation so I didn't need to work my notice period.

I had unused annual leave of around 15 days and found now for November that I wasn't paid for this.

Am I not entitled to be paid for accrued annual leave entitlement that is unused up to the date of termination?

thanks

Podge52

z0nk wrote: »

Hi there,

I was required to attend a disciplinary hearing on 20th November. The likely outcome was dismissal.

For various reasons I handed in my resignation prior to this, with an immediate effective date of 31st October.

They accepted my immediate resignation so I didn't need to work my notice period.

I had unused annual leave of around 15 days and found now for November that I wasn't paid for this.

Am I not entitled to be paid for accrued annual leave entitlement that is unused up to the date of termination?

thanks

Yes.
Contact your employer and ask for the payment, if they are being awkward threaten them with a tribunal claim.

Fruity_Pebbles

You'll need to check whether you haven't over-taken any outstanding holiday, this would be one reason why they wouldn't pay it.

Podge52

Fruity_Pebbles wrote: »

You'll need to check whether you haven't over-taken any outstanding holiday, this would be one reason why they wouldn't pay it.

"I had unused annual leave of around 15 days and found now for November that I wasn't paid for this."

littleboo

When you say 15 days unused holiday, is that 15 days in total or 15 days pro-rata ? So if your leave year is April - March, you would only be entitled to 7/12's of your annual entitlement less any leave already taken.

mountainofdebt

Also could they argue that by leaving immediately, you gave up your right to holiday pay?

Podge52

mountainofdebt wrote: »

Also could they argue that by leaving immediately, you gave up your right to holiday pay?

They could but they would lose the argument.

z0nk

littleboo wrote: »

When you say 15 days unused holiday, is that 15 days in total or 15 days pro-rata ? So if your leave year is April - March, you would only be entitled to 7/12's of your annual entitlement less any leave already taken.

Holiday year is for Jan 1st - Dec 31st and I am entitled to 24 days annual leave. I have used only 5 days of that entitlement.

So I guess if I pro rata it (Jan 1st - Oct 31st), I'm entitled to 15 days annual leave?

24/12 = 2
2 * 10 = 20
20 - 5 days used = 15 days entitlement

z0nk

mountainofdebt wrote: »

Also could they argue that by leaving immediately, you gave up your right to holiday pay?

I thought of that, but doesn't that have to be stated in your employment contract?

Also I think the fact that they accepted my immediate resignation means they accept I don't have to work or owe them for the notice period.

monty-doggy

It's illegal to withhold accrued holiday pay. You'd win a tribunal. Tell them you'll take further action if they don't pay.

Denning.

They are forced to pay the equivalent of statutory holidays by law.

As for anything above that entitlement is down completely to what your contract states.