Leaving job and taking holiday

FlorayG

LinLui said:

FlorayG said:

LinLui said:

 

Just a thought, but is she entirely sure that she has 20 days leave available? Just because she hasn't taken holiday doesn't mean that holiday can now be taken - depending on her holiday year, untaken holiday may be lost. And 20 days is quite a lot to have accrued.

She's here to work. She doesn't see the point of taking holiday, so yes, she has that much accrued 

Therefore my point is very relevant, because if she has lost some of those days, then she couldn't take the whole notice period as leave anyway. 

Yes I do know all that. She has 20 days owing

saajan_12

FlorayG said:

LinLui said:

 

Just a thought, but is she entirely sure that she has 20 days leave available? Just because she hasn't taken holiday doesn't mean that holiday can now be taken - depending on her holiday year, untaken holiday may be lost. And 20 days is quite a lot to have accrued.

She's here to work. She doesn't see the point of taking holiday, so yes, she has that much accrued 

Well 20 days is a full years holidays excluding bank holidays, assuming they give the standard minimum 20. 

When does her company's holiday year start? Unless the holiday years run from 7th August -> 6th August (unlikely) or they give more than 20 and also allow rollover, she's unlikely to have 20 left. 

TELLIT01

A couple of points.  

If she had holiday available in the previous leave year and chose not to take it, it won't necessarily roll over from one year to the current year. 

It is entirely up to the employer whether they want her to use all, some, or none of the leave available to her.

If the employer chooses to say they don't want her to work her notice she is still entitled to be paid for that period, plus any unused annual leave.

LinLui

FlorayG said:

LinLui said:

FlorayG said:

LinLui said:

 

Just a thought, but is she entirely sure that she has 20 days leave available? Just because she hasn't taken holiday doesn't mean that holiday can now be taken - depending on her holiday year, untaken holiday may be lost. And 20 days is quite a lot to have accrued.

She's here to work. She doesn't see the point of taking holiday, so yes, she has that much accrued 

Therefore my point is very relevant, because if she has lost some of those days, then she couldn't take the whole notice period as leave anyway. 

Yes I do know all that. She has 20 days owing

That isn't what you said though. When it was pointed out politely your response was:

She's here to work. She doesn't see the point of taking holiday, so yes, she has that much accrued  

and 

Well yes but that's her affair and not the question ( another point against her employer, they've never queried her having no time off)

neither of which indicated that you "know all that". Given that your OP indicated that you didn't know that an employer can refuse leave, nor that there are potential consequences for just walking off the job (like being sued - even though that is rare it can happen), nor that employers are not required to make people take holiday then it was reasonable to check that she actually really does have 20 days leave entitlement. It perhaps wasn't reasonable to snap at people helping you, especially since it was very relevant. 

FlorayG

I actually don't think it is relevant. If she only had one day holiday owing my question would have been essentially the same; can she just leave, can she insist on the holiday being given? 
to which I have the answers thanks
As for the point against her employer, it's a moral one not a legal one

TELLIT01

FlorayG said:

I actually don't think it is relevant. If she only had one day holiday owing my question would have been essentially the same; can she just leave, can she insist on the holiday being given? 
to which I have the answers thanks
As for the point against her employer, it's a moral one not a legal one

In direct answer to the questions - Yes she can just walk away from a job any time she wants to, but there can be undesired consequences.  Can she insist on the holiday being given - Insisting on something and getting it aren't always the same thing. 

Legal questions will generally have a fairly clear cut answer.  The answers to moral questions are often very subjective.

FlorayG

Well that went much as expected. She gave her notice and asked if she could take 10 days of her holiday. She got a really nastily worded letter back from the company owner saying no, she can't take holiday, she has to work her whole month notice or they will take legal action, she can't work for another company until then or they will take legal action, basically they don't care about their employees wants and needs; she's had no holiday in a year.
Considering she is a domiciliary care worker you think they would have considered the possible consequences to their clients of such an attitude.
So I guess she's stuck with them for the month

LightFlare

FlorayG said:

Well that went much as expected. She gave her notice and asked if she could take 10 days of her holiday. She got a really nastily worded letter back from the company owner saying no, she can't take holiday, she has to work her whole month notice or they will take legal action, she can't work for another company until then or they will take legal action, basically they don't care about their employees wants and needs; she's had no holiday in a year.
Considering she is a domiciliary care worker you think they would have considered the possible consequences to their clients of such an attitude.
So I guess she's stuck with them for the month

She wants to leave and is - within her contract

Her choice not to take holiday

That would be more a reflection on her than the employer tbh

Sorry to be harsh but that's life

FlorayG

Well, sure, but they couldn't even be pleasant about it, the letter is threatening 

elsien

I’m not sure she can complain about them not taking account of her holiday wants and needs given that you have already made it clear that taking holidays hasn’t been important to her during her current employment.