Can my employer force me to take annual leave?

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eddidaz
eddidaz Posts: 69 Forumite
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in Employment, jobseeking & training
I'm working my notice period and will be owed a few days back because I haven't taken as many as I've accrued. I'd prefer to work my full period and take additional payment for what I'm owed, but my employer would prefer me to take as much as I can before I finish to minimise any additional payment. Below is what my contact states on this - how far could either side push it?

"All annual leave entitlement must be taken within the same annual leave year. No payment will be made in lieu of unused holiday entitlement except at the end of your employment.

If you leave The Company part way through the year your holiday entitlement will be pro-rated for each complete month worked. You may be asked to take some or all of your outstanding holiday during your notice period or The Company may pay you for any holiday not taken. If you have taken more holidays than your entitlement at the date of leaving, an appropriate amount will be deducted from any monies due to you."
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  • spadoosh
    spadoosh Posts: 8,732 Forumite
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    They can push as far as they want, you cant push it anywhere.

    They can force you to take annual leave.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    Yes they can require you to take your leave.
  • prowla
    prowla Posts: 13,164 Forumite
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    But you could then start your new job earlier.
  • eddidaz
    eddidaz Posts: 69 Forumite
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    Don't think my current or new employment contracts would allow overlapping employment dates, and my new employer would struggle to bring my start date forward anyway.

    What happens in the scenario where I have more annual leave accrued than working days left in my notice period? They'd have to pay up, right?
  • helmie
    helmie Posts: 11 Forumite
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    With me, I've always agreed a leaving date and either been paid extra in my final salary or got an extra payment at the next month's payment date.

    It has never stopped me starting the next appointment while still being paid for the old one.

    It's been of vague interest as to what would happen via associated life insurances etc, but nothing that I have ever bothered resolving.
  • spadoosh
    spadoosh Posts: 8,732 Forumite
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    Yes they will have to pay you for any accrued holidays that you are unable to take.
  • marlot
    marlot Posts: 4,935 Forumite
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    Can you not take the annual leave as the last few days, and delay your official last day.

    I've done this previously and been paid by both employers for a few days.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    The employer can determine when and whether you take annual leave I'm afraid.

    They are entitled to require that you use accrued annual leave rather than paying you for it.
  • polgara
    polgara Posts: 500 Forumite
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    eddidaz wrote: »
    Don't think my current or new employment contracts would allow overlapping employment dates, and my new employer would struggle to bring my start date forward anyway.

    NHS by any chance?
  • TELLIT01
    TELLIT01 Posts: 16,489 Forumite
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    The OP even quotes from their contract of employment that the employer can ask the employee to take some or all of their outstanding holiday during the notice period. For 'ask' read 'tell' for the reality of the situation.
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