Resigned and Stopping Holiday Pay?

mingus2003

I have finally found a way out of the hell hole I'm in. I am negotiating my notice period which is 8 weeks (only been there 2 years).

Today I am told they can look to agree an early release but I will only be paid up to the last day I work.

I have some holiday dates I am yet to take ( 20 days stat plus bank hols) I was on the understanding that the company have to either let me take them before I leave or pay me these.

Surely they cant make me forfeit them to leave early?

danteandsam

It depends when your holiday year runs from and to, if you are leaving early mid-holiday yea you only accrue holiday until your leaving date, so you won't be entitled to the full 28 days. The other side of paying for untaken holiday leave is that if you have taken too much it comes out of your final pay packet.

Undervalued

They can if you are seeking to negotiate a deal.

If you give the correct notice then, as you say, they must either let you take your statutory holiday or pay you for it after you leave. Any holiday over and above the statutory 28 days are subject to the firms own rules so you might possibly still lose those days.

However if you are seeking to agree a variation on your contract then the terms are whatever you mutually agree. If you can't reach an agreement and you still leave early you risk being sued for breach of contract. Not very likely but, if you then seek to sue them for unpaid holiday they could well counter claim for any losses your departure has caused.

In other words you sue us and we will sue you!

theoretica

mingus2003 wrote: »

I have finally found a way out of the hell hole I'm in. I am negotiating my notice period which is 8 weeks (only been there 2 years).

Today I am told they can look to agree an early release but I will only be paid up to the last day I work.

Was holiday specifically mentioned? They may just have meant they wouldn't pay you for the full 8 weeks if you leave after 4, but how they deal with holiday pay on leaving will be the same.

mingus2003

Thanks for the replies. Below is an extract from said email.

"we would be prepared to agree to release you from your two month notice period (thereby varying your contract of employment) so that you did not have to work for the full period. This option would be subject to us agreeing a suitable date for your employment to finish which would not impact on the business and work to be undertaken. You would be paid up to and including your last day of work. However, you would not be paid for your notice period due to us agreeing to release you early."

sangie595

Where does it say they won't pay you holiday. It says that they won't pay you for the part of your notice period you won't be working. That's perfectly reasonable.

[Deleted User]

mingus2003 wrote: »

Thanks for the replies. Below is an extract from said email.

"we would be prepared to agree to release you from your two month notice period (thereby varying your contract of employment) so that you did not have to work for the full period. This option would be subject to us agreeing a suitable date for your employment to finish which would not impact on the business and work to be undertaken. You would be paid up to and including your last day of work. However, you would not be paid for your notice period due to us agreeing to release you early."

This just means you will be paid up until you're final day of work. Legally they have to pay any holiday accrued from the date you leave.

ohreally

sangie595 wrote: »

Where does it say they won't pay you holiday.

This.

OP, have you perhaps misunderstood a verbal comment?

mingus2003

Im due to have a meeting with them tomorrow hopefully I can clear this up.

There hasnt been any conversation regarding holiday owed to me. Just their email when I resigned that states what I shared.

ohreally

mingus2003 wrote: »

Im due to have a meeting with them tomorrow hopefully I can clear this up.

Personally I wouldn't mention this at any meeting unless they try to introduce it.

jobbingmusician

I disagree. I think you need to know
- when the holiday year begins and ends
- how much holiday THEY think you have taken since the beginning of the holiday year, and how much they think they owe you (or vice versa)

These seem totally reasonable questions, to me, especially as they are discussing letting you leave earlier than contract end. You need to understand your financial position as part of your negotiations about leaving/start dates!