New job offer - have annual leave to take with current company - what to do?

LiveOnce

Hi all,

I have a new job offer, I have to notify my current employer with 4 weeks notice.

Thing is I have 5.5 days of annual leave left for next month, but my diary is booked out as my job is projects based. I may be able to take 4 days. Is it possible to get paid for 1.5 days of annual leave I didn't take?

I worked hard so not sure if employers pay for annual leave you weren't able to take.

Any advice would be welcome

AP007

All holidays accrued must be taken on paid when you leave.

anamenottaken

LiveOnce wrote: »

Hi all,

I have a new job offer, I have to notify my current employer with 4 weeks notice.

Thing is I have 5.5 days of annual leave left for next month, but my diary is booked out as my job is projects based. I may be able to take 4 days. Is it possible to get paid for 1.5 days of annual leave I didn't take?

I worked hard so not sure if employers pay for annual leave you weren't able to take.

Any advice would be welcome

If that leave will have accrued by the last day of your employment then, if you haven't taken all of it by that time, your employer should include its value in your final pay as an addition to your normal pay for the period.

The above assumes that all the holiday is the statutory minimum and that the company does not pay more than the statutory (5.6 weeks a year). If you would be entitled to more than statutory, then the employer could include a rule that that extra holiday is not paid if not taken - but this is unusual but you could check your written particulars.

Paying a leaving employee is the only time when an employer can lawfully pay for statutory holiday not taken.

specialboy

When does your holiday year run from

LiveOnce

Thanks guys,

My holiday period runs from January to December.

What if I am carrying over the 5 days from this year to next? I will be leaving by the end of January at least.

I don't mind being paid for it if it's possible, or want to be given the time I earned off.

amiehall

Well that changes everything! The fact that you are leaving in the new year has no impact on your holiday situation as you are leaving after the end of this holiday year. If you don't take the time, you are going to lose the holiday. Under most circumstances, it would be against the law for your employer to pay you instead of you actually taking the time off. Did you not plan when you wanted to take your holiday?

gettingready

Under most circumstances, it would be against the law for your employer to pay you instead of you actually taking the time off.

How so?

I was paid 4 weeks A/L leaving last job as there was no way I could take it, nothing illegal about that. My entilement was 31 days (plus all BH) and still had 4 weeks left at the time of my notice ending, so they paid me.

amiehall

When you leave your job is basically the one situation you can be paid money in lieu of taking statutory holiday.

However, as the OP has just clarified, they are not leaving before the end of the holiday year and the leave will have expired before their leaving date. Therefore, the fact that they are leaving near the start of the next holiday year, has little impact on their current situation.

specialboy

OP has you employer allowed you to carry ver the 5 remaining days? They don't need to if they don't want to and they only need pay you for any you earn in Jan before you leave unless they have agreed otherwise.

LiveOnce

Hi guys,

But I can carry-over 5 days from this year to next year. My new set of annual leave will begin on 1st Jan and can add 5 days to it from this year.

If I do cannot take it, does this mean I am entitled to 7.5 days when I leave? Be it providing I leave at the end of January.

amiehall

It really depends on the policy of your work whether they'll pay the 5 days carried over or not. They are under no obligation to pay you for these. You should clarify this with them immediately, if they will not pay you for them, consider booking the holiday after your intended resignation date and giving a later date on your notice. This will, in effect, allow you to receive payment for your holidays.