Holiday pay and notice period

RayJackie

I got HR's email about taking holiday leave before my last date on 2nd March 2021. The email was sent on 2nd this Tuesday. According to the email, I have a total of 27.5 days of annual leave. It is only 28 days left. Should I still have to take annual leave?  According to government guidance, there should be a 2-day notice for each day of annual leave. From all my annual leave I have, I should have a notice of 55 days. In this case, how many days of holiday pay would be taken out from my final payment by my ex-empolyer? 
For your information, nothing is mentioned about giving notice of taking annual leave when an employee resigns in my contract. On a side note, I don't want to take annual leave as I still waiting for my grievance. 

Savvy_Sue

Presumably they don't want you at work. What are you hoping to achieve with the grievance? Is it worth pursuing it if you are leaving anyway? I would think your grievance can still be heard even if you are on annual leave, as long as they contact you to make you aware of it. 

If they want you to take annual leave during your notice period, they can require you to do so. They are supposed to give you notice, but in this case, they can't give you enough, but I don't think that can be enforced. 

General_Grant

They give notice for one day - many times. 

getmore4less

What does the contract say. 

Often there are clauses about holiday during notice that override statutory notice. 

Undervalued

getmore4less said:

What does the contract say. 

Often there are clauses about holiday during notice that override statutory notice. 

Quite.

If the contract (staff handbook etc) says that you may be required to take some or all of your remaining annual leave during your notice period, then you have already been given notice!

It may not, in which case you are right that double the notice is required. However if you insist on this they could be awkward and repeatedly give you notice to take single (or even half day's of leave). That may not be to your liking so be careful what you wish for.

TBagpuss

I agree with previous posters. Yes, they should give you notice which is 2xthe amount of time they want you to take off. So they can certainly require you to take the last week as holiday, and at least part of the week before that. And they could require give you 2 days notice now to take Monday off, then do the same tomorrow for Tuesday and so on.
If you have 27.5 days of accrued holiday then how much would be left to pay out would depend on your normal working hours. If you work Mon-Fri then if you take 3 weeks as holiday that uses15 days so you've be paid for the remaining 12.5 days.

esspekay

Hi,
Has there been a resolution to this?

I'm in a similar situation where my employer refuses to acknowledge that I accrue a holiday entitlement while he placed me on garden leave. I will also add that there is nothing in my contract or any handbook that says I forfeit this right and/or I must take this holiday prior to termination.

Does anyone have anything I can reference or present to my former employer that will help me?

Thanks in advance!

Undervalued

esspekay said:

Hi,
Has there been a resolution to this?

I'm in a similar situation where my employer refuses to acknowledge that I accrue a holiday entitlement while he placed me on garden leave. I will also add that there is nothing in my contract or any handbook that says I forfeit this right and/or I must take this holiday prior to termination.

Does anyone have anything I can reference or present to my former employer that will help me?

Thanks in advance!

Yes, you do accrue holiday whilst on garden leave. You do no accrue holiday if your employment has ended and you are being paid payment in lieu of notice (PILON). However, assuming garden leave......

Any employer can dictate when you must take your holiday subject to fairly minimal notice (twice the length of the holiday they are instructing you to take). If you play difficult about this they could, lawfully, repeatedly tell you to take one day's holiday by giving two days notice. So yes they can make you use you holiday before termination.

Also, on garden leave you remain an employee, must be available to work and can be called in to work with just a few hours notice. Again, if you are difficult they can call you back in and give the all the miserable jobs to do!

Be careful how you play this.

esspekay

Undervalued said:

esspekay said:

Hi,
Has there been a resolution to this?

I'm in a similar situation where my employer refuses to acknowledge that I accrue a holiday entitlement while he placed me on garden leave. I will also add that there is nothing in my contract or any handbook that says I forfeit this right and/or I must take this holiday prior to termination.

Does anyone have anything I can reference or present to my former employer that will help me?

Thanks in advance!

Yes, you do accrue holiday whilst on garden leave. You do no accrue holiday if your employment has ended and you are being paid payment in lieu of notice (PILON). However, assuming garden leave......

Any employer can dictate when you must take your holiday subject to fairly minimal notice (twice the length of the holiday they are instructing you to take). If you play difficult about this they could, lawfully, repeatedly tell you to take one day's holiday by giving two days notice. So yes they can make you use you holiday before termination.

Also, on garden leave you remain an employee, must be available to work and can be called in to work with just a few hours notice. Again, if you are difficult they can call you back in and give the all the miserable jobs to do!

Be careful how you play this.

Thanks for this. I'm in the last couple of days of my employment after 3 months garden leave. I've also seen on my recently presented P45 that they have decided to bring my last day forward.

I don't suppose you can direct me towards anything I can evidence this for my employer, i've had a look on line and can't quite find anything definitive aside from articles on various law websites.

I will also add that my contract does not stipulate that I will be paid for unused holiday, nor does it say I will not. Does this make a difference?

Much appreciated.

getmore4less

Working time regulations section 14 covers payment of accrued unused holiday.

https://www.legislation.gov.uk/uksi/1998/1833/regulation/14/made