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

getmore4less

The legislation does not make it an automatic right to carry over.

What is does is allow a business to use carry over for the 4 weeks that it could not carry over prior to the  covid amendments.

https://www.legislation.gov.uk/uksi/2020/365/made
amends
https://www.legislation.gov.uk/uksi/1998/1833/regulation/13

Take note of 9-12 

To qualify for the carry over the employer must have refused the leave with a good reason.

for that to happen the employer must say you cant take because......,   

if they were just silent you don't inherit the right to carry over you would need to request the leave and have it refused. 

 

This also splits the 5.6 weeks statutory into 2 chunks. 
4 weeks that can be carried over up to two years with the amended regulations 

1.6 weeks that was allowable under normal regulations coverd by 13A
https://www.legislation.gov.uk/uksi/1998/1833/regulation/13A


If the OP has just a week then that would be covered by the existing regs and would need agreement to carry over.

They would need to show that they were not allowed to take it and if they never asked that could be difficult.

in_a_pickle_5

TELLIT01 said:

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.

I was furloughed for 2 1/2 monthd and Initially was told we couldn’t take any holiday because we had ‘all that’ time off. They later changed their minds but I couldn’t get it all in in time due to other people being off and work load. 

I may try to give acas a call, I want to try and get my facts straight before I speak to them! 

getmore4less

in_a_pickle_5 said:

TELLIT01 said:

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.

I was furloughed for 2 1/2 monthd and Initially was told we couldn’t take any holiday because we had ‘all that’ time off. They later changed their minds but I couldn’t get it all in in time due to other people being off and work load. 

I may try to give acas a call, I want to try and get my facts straight before I speak to them! 

If you have evidence you asked to take your statutory allowance and were were refused then you have a claim for that holiday to be paid on leaving

There was a ET case that got backdated(multiple years) unused holiday paid on leaving.
Worth looking up.

TELLIT01

in_a_pickle_5 said:

TELLIT01 said:

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.

I was furloughed for 2 1/2 monthd and Initially was told we couldn’t take any holiday because we had ‘all that’ time off. They later changed their minds but I couldn’t get it all in in time due to other people being off and work load. 

I may try to give acas a call, I want to try and get my facts straight before I speak to them! 

Do you have anything in writing to support what you have stated here?  I'm not doubting you but the employer may not have the same recollection of events if you get my drift.

in_a_pickle_5

TELLIT01 said:

in_a_pickle_5 said:

TELLIT01 said:

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.

I was furloughed for 2 1/2 monthd and Initially was told we couldn’t take any holiday because we had ‘all that’ time off. They later changed their minds but I couldn’t get it all in in time due to other people being off and work load. 

I may try to give acas a call, I want to try and get my facts straight before I speak to them! 

Do you have anything in writing to support what you have stated here?  I'm not doubting you but the employer may not have the same recollection of events if you get my drift.

No nothing in writing unfortunately, my colleagues would be able to back me up on what was said. But I’m not going to get them involved. 

getmore4less

in_a_pickle_5 said:

TELLIT01 said:

in_a_pickle_5 said:

TELLIT01 said:

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.

I was furloughed for 2 1/2 monthd and Initially was told we couldn’t take any holiday because we had ‘all that’ time off. They later changed their minds but I couldn’t get it all in in time due to other people being off and work load. 

I may try to give acas a call, I want to try and get my facts straight before I speak to them! 

Do you have anything in writing to support what you have stated here?  I'm not doubting you but the employer may not have the same recollection of events if you get my drift.

No nothing in writing unfortunately, my colleagues would be able to back me up on what was said. But I’m not going to get them involved. 

Won't it be an issue for everyone getting that holiday entitlement acknowledged as carry over if they did not take it?

The only difference for you is you need it paying as you are leaving.