Outstanding annual leave when leaving a job

Steveyg777

Hi, I actually thought I only had a couple of extra hours to take off annual leave but I logged into the company software last night and noticed I've got 11.45 hours left!

The situation is that next week I have got annual leave already and the following week no one is allowed to take it anymore anyway which leaves me with this week to take it.

However, unknown to me, the lady who organises the rota has annual leave this week so she's not there and the manager is on training all of this week too. I did email the manager last night and sent her a messenger message but had no reply yet.

I checked the shifts this week and was told that we are understaffed all week (not helpful) so I don't think I could just take annual leave off a shift this week (I only have a 7-hour shift today and a 13-hour shift tomorrow left for this week).

I've actually handed my notice in as I'm moving jobs and will finish on 21st December.

What advice could anyone give me regarding what the company are lawfully obliged to do about my outstanding annual leave?

Should they be forced to give it to me? Pay it to me while I attend the shifts anyway? Or pay it to me when I leave the job? Something else?

la531983

Will depend how much holiday you actually have left, I get X days at the start of the year but if I have front loaded my holidays and then left the business, I would end up owing, when does you holiday year actually run from and until?

You may not actually have 11.45 owing to you, depending on how they operate - do you get given the full allocation at the start of the year?

Steveyg777

Hi, the annual leave ends at the end of the year although it can only be taken before the last week before Christmas i think. I've looked at the software they use and it says i have 11.45 hours left. How the next year's annual leave works is more complicated, if that's what you are querying also?, you can start to book it from the November time for next year. However i won't be there by then anyway.

FlorayG

If the holiday year runs up to 31st December then you should be paid for any hours owing when you leave. Check though that the hours are what you are entitled to as of today and not as of the end of some random period set on the software - my company has a weird system where you have to put in the date you want the calculation made up to; if you have this, you can put in your leave date and that is what you will be owed. It might be paid in the next pay run after your last pay packet - check this with payroll otherwise you might think you've been left short if you don't get it in your last paypacket

Steveyg777

Ok. I think it software is more restrictive and just tells you what your annual leave is period.

I think the company has a policy that we must take or annual leave otherwise it won't be paid. But i am struggling to get anyone to authorise me to take it off this week and already have a week off next week. And i don't think they allow annual leave if staying numbers aren't enough. This isn't my fault and I'm running it if time obviously but there isn't anyone there to particularly help me either. I'm just wondering where i stand with it legally (regardless of policies) and if i leave the job should i lastly be paid outstanding annual leave? I'm in the uk fyi

la531983

If you are leaving before the end of the leave year anyway then you wouldnt be entitled to the full 11.45 anyway, there would be a pro rata deduction of a third of a month (or so) which would likely eat into that 11.45 hours.

FlorayG

Steveyg777 said:

Ok. I think it software is more restrictive and just tells you what your annual leave is period.

I think the company has a policy that we must take or annual leave otherwise it won't be paid. 

This just applies if you CAN take it but don't. You clearly can't take it, so when you leave it should be paid. Make sure to take screenshots of the leave owed, the leave you have taken and the company rule that says you can't have it in your last week - one of my friends didn't do this and now has no proof of the holiday she is trying to claim ( which in her case is 20 days, so a not insignificant sum) because after you leave you will no longer have access to the system

Steveyg777

Even so it would still leave some time left 

Steveyg777

I've found a copy of the staff handbook. It says this:

If you don't use it, you lose it: The Company does not allow any annual leave, statutory or otherwise to be carried over into the next annual leave year except in very exceptional circumstances. Annual leave days will only be paid in lieu of leave upon termination of your employment. At all other times annual leave will only be paid if you have taken a day off as annual leave;

So this would suggest if i don't take it and I'm terminating my contract i will be paid it when i leave, correct?

Steveyg777

It also says that i can take leave up until the 20th December, although I'm unsure if this has been changed more recently, so i may be able to get it after my week off because i return on the 16th December.

Penguin_

Yes, you should get it paid on your final payslip. May be worth just checking with your HR/Payroll department to make them aware.