Holiday pay of £1 on leaving

Blatchford

The bonus scheme may indeed be discretionary. If it says that it is discretionary. Where did the OP say that the holiday entitlement is discretionary? By dint of your argument, an employer could say that all payments over and above the Living Wage are discretionary. And technically, if the contract says that in writing, then yes, they could do that. If course, anyone agreeing to that contract would be an idiot. But nowhere is there any evidence that the poster was stupid enough to agree to discretionary holiday entitlement. Perhaps they could clarify that point.

ACG

My understanding (as an employer) is that I have to pay any untaken holiday pay for that year. An employer can put whatever they like in a contract but it law will supersede it.

Blatchford

ACG wrote: »

My understanding (as an employer) is that I have to pay any untaken holiday pay for that year. An employer can put whatever they like in a contract but it law will supersede it.

That isn't correct. It is a fact that that only applies to statutory holiday. If you allow more than statutory leave, then you do not have to pay for it, but you did have to allow it to be taken. (Ie. Comply with your contractual agreements) unless you specifically state otherwise in writing (and that may still fall under the unfair contract terms legislation).

This is not as unusual as assumed - in a form, the public sector deal with this issue often. They routinely give more than statutory leave entitlement. But there are circumstances where some have adapted their terms specifically and in writing, to limit the amount of leave and carry forward for people off on long term sickness. Precisely to prevent even larger build ups of huge patients due on termination. Many now only pay the statutory leave for the current year, and a maximum of four weeks for previous leave years (also in accordance with the law). But that must be incorporated into terms and conditions - they cannot simply introduce it at will. It's a slightly different situation, but the same principle.

Undervalued

Blatchford wrote: »

The bonus scheme may indeed be discretionary. If it says that it is discretionary. Where did the OP say that the holiday entitlement is discretionary? By dint of your argument, an employer could say that all payments over and above the Living Wage are discretionary. And technically, if the contract says that in writing, then yes, they could do that. If course, anyone agreeing to that contract would be an idiot. But nowhere is there any evidence that the poster was stupid enough to agree to discretionary holiday entitlement. Perhaps they could clarify that point.

Indeed. However this £1 clause is incredibly unusual and obviously unlawful, unless there is a lot more to the contract and situation than we have been told.

Extra holiday, over and above statutory, can have all kinds of terms and conditions attached to it as long as they are clearly agreed. I would be amazed if the £1 "try on" is all there is to this.

Blatchford

Undervalued wrote: »

Indeed. However this £1 clause is incredibly unusual and obviously unlawful, unless there is a lot more to the contract and situation than we have been told.

Extra holiday, over and above statutory, can have all kinds of terms and conditions attached to it as long as they are clearly agreed. I would be amazed if the £1 "try on" is all there is to this.

You may be correct that there is more to this. But equally I am never amazed at what obviously unlawful stuff employers try to get away with. Even less so at what they actually get away with!

ohdrar

Hi All

Theres been a lot of advice here and thank you I have done a green thank you for all

-I have read it all on the thread but one thing is some have alluded to the idea that more info is needed and you feel your missing the full picture .

I feel like the best thing is to show you the employment contract I've got but I'm worried there might be implications in doing so from my employer who does still currently employ me.

(I have got some holiday now but on leaving I will still have some accrued. )

Does anyone know if it would potentially back fire if I posted a copy of my contract up here? It would also mean making my employers name know - there are a very big employer/national brand.. But I was thinking of blurring name on it and name of manager.

Thank you:j

Blatchford

To be honest you don't need to. How many holidays do you get? And why not simply take them now / in your notice period? You aren't entitled to payment instead of holiday if your employer expects you to take it and doesn't prevent you taking it.

ohdrar

Hi Blatchford

I only get statutory that's it and I work in retail.

I would think from your advice that I can ask for holidays and if refused they then have to be paid on resignation?

If I requested holidays within the notice period and these were refused would these also have to be paid or is it only holidays requested and refused outside of the notice period. Or does notice period (4 weeks for me) have no bearing?

I must say you are all more friendly here - was quite worried at first but thank you for all your advice! Been a pleasure to have so much helpful advice.

Blatchford

ohdrar wrote: »

Hi Blatchford

I only get statutory that's it and I work in retail.

I would think from your advice that I can ask for holidays and if refused they then have to be paid on resignation?

If I requested holidays within the notice period and these were refused would these also have to be paid or is it only holidays requested and refused outside of the notice period. Or does notice period (4 weeks for me) have no bearing?

I must say you are all more friendly here - was quite worried at first but thank you for all your advice! Been a pleasure to have so much helpful advice.

You must be given a chance to take holidays (obviously without you taking the proverbial). So if you know that you are leaving, even if you haven't told them, start booking your holidays now, and make sure it's in writing. If they refuse to let you take them at all, then I'd give them a final chance, inwriting, to say that you will take outstanding leave during the notice period. If they again refuse, given this is statutory leave, they must pay it and the contractual clause is irrelevant. If they then refuse to pay you can go to ACAS for pre-claim conciliation. They'll have to pay what they owe - with statutory leave the law is 100% clear. That is true in any case for stat leave, but I'd just be clear to leave them no wiggle room.