Termination of Employment and holiday entitlement

Lauraw1234 · 12 February 2018 at 2:14PM

Hi,

Two questions that I’m struggling to find any answers to and am hoping for some help.

Firstly, I am due to leave my job and as such I am due holidays. I followed correct procedures and organised my holidays for the final three days of employment. I have been told they have been denied for no reason and that instead my holidays will be paid. Are employers able to force you to take your holidays paid despite theirs being suitable time to take them?

Secondly, if I did get paid my extra holidays, it would push me over the student loan threshold and I have calculated my that for this month I would be paying an extra £110 in student loans, tax and national insurance combined (basically I will be loosing 1 day of holiday pay as I’ve been forced to have them paid) Should I be paying this since it’s not my choice to take the holidays as extra and under normal monthly circumstances I would not be paying a student loan or this much tax?

Any help would be greatly appreciated.

Diamandis · 12 February 2018 at 2:17PM

If you're choosing to leave then they don't have to give you holidays before you leave.

You would have to pay whatever is due based on your final salary payment.

Lauraw1234 · 12 February 2018 at 2:20PM

Hi,

Can you please link me to something which backs your statement up because as far as I’m aware all holiday procedures legally and in-house are not thrown out the window when you decide to leave.

I am aware the gov websites states employers are allowed to pay you leave if requested but nothing states they can force you to take it paid.

WestonDave · 12 February 2018 at 2:22PM

In general, employers have the ability to choose whether or not to permit holiday at any given time. Its fairly usual for it not to be granted on departure, because it shortens your notice period, and leaves a bigger gap before a replacement starts (assuming you and your replacement are both on the same sort of notice period but they only start applying etc once you've handed your notice in). That would be considered a reasonable ground for denying holiday even if all normal procedures had been followed.

Lauraw1234 · 12 February 2018 at 2:25PM

Hi,

Unfortunately my replacement already works at the Company and the reason for rejection was to cover staff that I would never cover (it is actually written into my contract and the company handbook that I can have leave at the same time as the employee in question).

Diamandis · 12 February 2018 at 2:27PM

Lauraw1234 wrote: »

Hi,

Can you please link me to something which backs your statement up because as far as I’m aware all holiday procedures legally and in-house are not thrown out the window when you decide to leave.

This doesn't break any laws regarding holidays so do your company procedures allow you to take holidays whenever you dictate usually?

Lauraw1234 · 12 February 2018 at 2:31PM

Our policy and contracts state that we reserve holidays for public bank holidays and Christmas shutdown, otherwise no employee is take leave at the same time as another employee in the same department. My holiday was rejected as it clashes with another’s in a different department which according to our contract and policy is not a valid reason for rejection.

At a bit of a loss here!

Diamandis · 12 February 2018 at 2:35PM

You could submit a grievance on the basis of their own rules but it might not be the best way to part with the company.

WestonDave · 12 February 2018 at 2:40PM

Lauraw1234 wrote: »

Our policy and contracts state that we reserve holidays for public bank holidays and Christmas shutdown, otherwise no employee is take leave at the same time as another employee in the same department. My holiday was rejected as it clashes with another’s in a different department which according to our contract and policy is not a valid reason for rejection.

At a bit of a loss here!

The fact that your employment contract etc states that you definitely won't ever be allowed holiday at the same time as another employee in the same department, is not limiting the employer to that being the only reason why they will deny holiday.

ReadingTim · 12 February 2018 at 2:44PM

Firstly, I'd try and explain the point about the student loan threshold and see if they would reconsider. You could also note that the staff cover point seems not to be applicable.

Alternatively, it's possible that they have a bee in their bonnets about using holiday to bring forward a leave date - in which case why don't you take 3 random days before you leave - say a couple of long weekends?

Lauraw1234 · 12 February 2018 at 2:53PM

I agree however in this case, this is the reason they have given

Termination of Employment and holiday entitlement

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