previous employer who don't want to pay for my unused holidays

BobQ

sandsy wrote: »

That's your answer. You had a 'use it or lose it' holiday system. Any leave not used by 31/3 each year was lost, and not carried over to the next year at 1/4. So at your leaving date of 5/4, you had no leave to be paid out since it was only 5 days into the new leave year.

I think this is right too

But the question you need to answer is this.

During the year 1 Apr to 31 Mar in which you were entitled to the leave did you apply to take all that leave?

If say you had say 7 days leave left to take on 1 Feb did you ask to take it before 31/3?

If the answer is no then the leave is lost.

If the employer said you could not take the leave because he needed you to work, or withdrew permission to take leave that had been planned, then you would have a case for it being carried over and as you were leaving paid as time in lieu.

https://www.citizensadvice.org.uk/work/rights-at-work/holiday/when-you-can-take-holiday-from-work/

You may find this helpful too
https://worksmart.org.uk/work-rights

brewerdave

Got involved in a similar case in my former working life.
The person concerned wouldn't take leave as he would lose out on overtime opportunities -after the holiday year was over ,we told him he had lost his holidays as per agreements,and as there was no agreed procedure for payment in lieu of holidays he didn't get any payment which he understood.
He then handed his 1 month's notice in about two or three months into the new holiday year. I told him to take his new holiday entitlements PLUS, as a concession, the remnants of the previous year's during his notice period but he again declined because of the potential loss of overtime!!
After he left he demanded ALL outstanding holiday pay but we only paid the current year's entitlement. It got a bit hairy ,involving solicitors but his "side" finally conceded that we had been more than reasonable with our attempts to allow him to take leave.
In fact,our Group Personnel were of the opinion that we should have forced him to take his entitlement -but that would have opened a whole new can of worms:rotfl:

norsefox

You would have lost those 12 days even if you hadn't resigned, so I'm not sure why you can expect them to be paid?

A lot of companies operate a 'use it or lose it' policy when it comes to holidays.

As has been said above, the only recourse is if you can provide evidence that you were denied leave when it was requested.

Pun

Neasy wrote: »

In the document I quoted (link above, my emphasis) it says:

Not where one holiday year has already ended, unless the contract says otherwise.

chucknorris

elsien wrote: »

Some companies have a use it or lose it policy.

I remember when I was told that I would lose 2 weeks holiday because I had not used them. My response was 'Oh I see, who are you going to hire the 2 weeks before the Xmas hols to look after my workload then? When they asked what I meant, I said that I was going to take the holiday rather than lose it. All of a sudden my unused holidays were carried forward to the following year intact.

Neasy

On consideration, I think you're right. If it's "use it or lose it" then I think it's lost.