Leaving a job, am I still entitled to left over holiday from last year

in_a_pickle_5

I am leaving my job in a few weeks. I am owed holiday for this year. I am also owed at least a week from last year. I have looked on the government page about this, I know it can be carried over but am I within my rights to ask for this to be payed as well as what will be owed for this year? 

TELLIT01

As carrying the days forward was agreed with the company, those days should certainly be included in the entitlement calculation.  It's up to the employer whether they want you to use any/all of your remaining holiday or if they want you to work the entire notice period and pay for the remaining holiday days.

Thrugelmir

Your employer may prefer that you take leave before you depart. 

in_a_pickle_5

TELLIT01 said:

As carrying the days forward was agreed with the company, those days should certainly be included in the entitlement calculation.  It's up to the employer whether they want you to use any/all of your remaining holiday or if they want you to work the entire notice period and pay for the remaining holiday days.

The problem is, it hasn’t been agreed as such. My bosses were totally unaware about the holiday being allowed to carry over. They are saying they don’t owe it. I was furloughed last year but at the time there was no mention of me using holiday allowance during that time. I’m confused as to whether they have to carry over the holiday or as it wasn’t prearranged they don’t? From what I can gather the very least they would owe me is the 20% top up on the holiday owed? 

in_a_pickle_5

Thrugelmir said:

Your employer may prefer that you take leave before you depart. 

I wouldn’t mind doing that but they’re already trying to get me to extend my notice. So I don’t think that will happen lol 

Jillanddy

in_a_pickle_5 said:

TELLIT01 said:

As carrying the days forward was agreed with the company, those days should certainly be included in the entitlement calculation.  It's up to the employer whether they want you to use any/all of your remaining holiday or if they want you to work the entire notice period and pay for the remaining holiday days.

The problem is, it hasn’t been agreed as such. My bosses were totally unaware about the holiday being allowed to carry over. They are saying they don’t owe it. I was furloughed last year but at the time there was no mention of me using holiday allowance during that time. I’m confused as to whether they have to carry over the holiday or as it wasn’t prearranged they don’t? From what I can gather the very least they would owe me is the 20% top up on the holiday owed? 

I may be wrong, but my understanding is that untaken statutory leave was carried over by law, but for this year only, because of the pandemic and difficulty for staff getting to take leave. But that only applied to leave accrued over this year and not to contractual leave, which is up to the employer to determine. So if you took 28 days (including bank holidays) last year then anything over and above that would be lost unless the employer agreed to it. That said, I don't think the employer can refuse any untaken statutory leave being carried over for this one year.

TELLIT01

This link may help https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19  The most relevant section is about half way down and starts from the heading "

Carrying leave forwards: how new legislation has changed the rules"

Jillanddy

Excellent - I love being right! https://www.gov.uk/government/news/rules-on-carrying-over-annual-leave-to-be-relaxed-to-support-key-industries-during-covid-19

Sandtree

in_a_pickle_5 said:

TELLIT01 said:

As carrying the days forward was agreed with the company, those days should certainly be included in the entitlement calculation.  It's up to the employer whether they want you to use any/all of your remaining holiday or if they want you to work the entire notice period and pay for the remaining holiday days.

The problem is, it hasn’t been agreed as such. My bosses were totally unaware about the holiday being allowed to carry over. They are saying they don’t owe it. I was furloughed last year but at the time there was no mention of me using holiday allowance during that time. I’m confused as to whether they have to carry over the holiday or as it wasn’t prearranged they don’t? From what I can gather the very least they would owe me is the 20% top up on the holiday owed? 

Why didn't you take any holiday whilst you were furloughed?
What does your contract state about carrying holiday forward?
If your bosses are unaware who authorised the carry forward or are you just assuming you carried it forward?

The government website isnt very clear as it talks about the scenario where the furloughed worker has requested holiday but been declined as the employer couldn't afford the enhanced pay and mandates that holiday is carried forward but it doesn't cover the scenario of the employee just thinking holiday isnt worth it when you're furloughed and locked down.

Personally, would be giving Acas a call.

Jillanddy

The regulations are clear though. They do not stipulate any specific groups and apply to all workers for this year only. The government talked about supporting key industries / workers - there is no definition of that and the regulations apply to all employees.

TELLIT01

What isn't clear is whether the OP was furloughed, in which case they don't have an automatic right to carry leave forward, or if they continued working full time in a 'key industry' where they would have.