Handing in notice and getting holiday pay

Das1joker

Due to my circumstances changing I need to habd my notice in at work

I work in hospitality and have been saleried for around 9 months at this point.

I have not recived a contract or any documentation for my employemnt, just what my salary and days I work a week.

I have seen other contracts from previous employees stating that holiday cannot be carried forward and would not be paid if an employee leaves.

What ground do I have to stand on to get all my holiday pay paid in my final paycheck? It should be a few weeks worth at this point but although searching online says they are required to pay any unused holiday pay im not sure this is law or if a contract can stipulate otherwise.

Thabk you in advance!

Torry_Quine

Any outstanding holiday must be paid, contract can't override this. When is the holiday year though as you may have lost any not taken from a previous year?

sangie595

Torry_Quine wrote: »

Any outstanding holiday must be paid, contract can't override this. When is the holiday year though as you may have lost any not taken from a previous year?

No, that isn't what the law says. The employer is allowed to pay the holiday. They are also entitled to insist it is taken as part or all of the notice period. They could only be forced to pay any unused holiday due if it exceeds the notice period, or if the employer wants the notice period worked. And they would be entitled to refuse to pay any carried forward holiday. The rules on holiday are use it within the year or lose it. The employer may permit it to be carried forward, but if they do they are under no obligation to pay for it as opposed to letting an employee take the holiday. And it may be that situation that the contract refers to, as described in the OPs post - they will not pay for carried forward leave.

paddedjohn

sangie595 wrote: »

No, that isn't what the law says. The employer is allowed to pay the holiday. They are also entitled to insist it is taken as part or all of the notice period. They could only be forced to pay any unused holiday due if it exceeds the notice period, or if the employer wants the notice period worked. And they would be entitled to refuse to pay any carried forward holiday. The rules on holiday are use it within the year or lose it. The employer may permit it to be carried forward, but if they do they are under no obligation to pay for it as opposed to letting an employee take the holiday. And it may be that situation that the contract refers to, as described in the OPs post - they will not pay for carried forward leave.

The employer may only allow a maximum of 1.6 weeks of the stat minimum allowance to be carried forward, both parties must be agreeable to this. Any more than the 1.6 weeks would be illegal.

Torry_Quine

sangie595 wrote: »

No, that isn't what the law says. The employer is allowed to pay the holiday. They are also entitled to insist it is taken as part or all of the notice period. They could only be forced to pay any unused holiday due if it exceeds the notice period, or if the employer wants the notice period worked. And they would be entitled to refuse to pay any carried forward holiday. The rules on holiday are use it within the year or lose it. The employer may permit it to be carried forward, but if they do they are under no obligation to pay for it as opposed to letting an employee take the holiday. And it may be that situation that the contract refers to, as described in the OPs post - they will not pay for carried forward leave.

Not to argue about it but I said they have to pay for outstanding holiday, they can make the employee use it during the notice period. I also said they may have lost last year's holiday they didn't take.

prowla

I guess it's moot whether the holiday is taken during the notice period or paid pro-rata after.

In my case it's always been the latter.

sangie595

Torry_Quine wrote: »

Not to argue about it but I said they have to pay for outstanding holiday, they can make the employee use it during the notice period. I also said they may have lost last year's holiday they didn't take.

Yes you did. But the OPs question was did they have the right to be paid in their final paycheck at the end of their employment - and your answer implied that they had a legal right to it. They don't. They have a legal right to be paid holiday pay from the current holiday year but they can be forced to take the holiday during leave rather than be paid for it in the final paycheck. You didn't mention that they can be forced to take the leave.