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  • FIRST POST
    • eddidaz
    • By eddidaz 9th May 18, 12:36 PM
    • 64Posts
    • 5Thanks
    eddidaz
    Can my employer force me to take annual leave?
    • #1
    • 9th May 18, 12:36 PM
    Can my employer force me to take annual leave? 9th May 18 at 12:36 PM
    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
    ."
Page 1
    • spadoosh
    • By spadoosh 9th May 18, 12:44 PM
    • 5,746 Posts
    • 7,881 Thanks
    spadoosh
    • #2
    • 9th May 18, 12:44 PM
    • #2
    • 9th May 18, 12:44 PM
    They can push as far as they want, you cant push it anywhere.

    They can force you to take annual leave.
    Don't be angry!
    • marliepanda
    • By marliepanda 9th May 18, 12:44 PM
    • 6,887 Posts
    • 14,976 Thanks
    marliepanda
    • #3
    • 9th May 18, 12:44 PM
    • #3
    • 9th May 18, 12:44 PM
    Yes they can require you to take your leave.
    • prowla
    • By prowla 9th May 18, 12:55 PM
    • 10,102 Posts
    • 8,329 Thanks
    prowla
    • #4
    • 9th May 18, 12:55 PM
    • #4
    • 9th May 18, 12:55 PM
    But you could then start your new job earlier.
    • eddidaz
    • By eddidaz 9th May 18, 1:19 PM
    • 64 Posts
    • 5 Thanks
    eddidaz
    • #5
    • 9th May 18, 1:19 PM
    • #5
    • 9th May 18, 1:19 PM
    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
    • By helmie 9th May 18, 1:47 PM
    • 11 Posts
    • 0 Thanks
    helmie
    • #6
    • 9th May 18, 1:47 PM
    • #6
    • 9th May 18, 1:47 PM
    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
    • By spadoosh 9th May 18, 1:49 PM
    • 5,746 Posts
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    spadoosh
    • #7
    • 9th May 18, 1:49 PM
    • #7
    • 9th May 18, 1:49 PM
    Yes they will have to pay you for any accrued holidays that you are unable to take.
    Don't be angry!
    • marlot
    • By marlot 9th May 18, 2:08 PM
    • 3,706 Posts
    • 2,835 Thanks
    marlot
    • #8
    • 9th May 18, 2:08 PM
    • #8
    • 9th May 18, 2:08 PM
    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
    • By steampowered 9th May 18, 2:22 PM
    • 2,903 Posts
    • 2,882 Thanks
    steampowered
    • #9
    • 9th May 18, 2:22 PM
    • #9
    • 9th May 18, 2:22 PM
    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
    • By polgara 9th May 18, 4:57 PM
    • 379 Posts
    • 353 Thanks
    polgara
    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.
    Originally posted by eddidaz
    NHS by any chance?
    • TELLIT01
    • By TELLIT01 9th May 18, 6:38 PM
    • 5,540 Posts
    • 6,182 Thanks
    TELLIT01
    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.
    • SandC
    • By SandC 10th May 18, 2:58 PM
    • 3,782 Posts
    • 5,599 Thanks
    SandC
    Think of it in a more positive way.... if you take the leave you can then have a holiday before starting the new job. If you've accrued a fair amount already that means you haven't really had a break to speak of this year and you likely won't be able to have one at the new job for a few months.
    • keepcalmandstayoutofdebt
    • By keepcalmandstayoutofdebt 10th May 18, 6:05 PM
    • 3,409 Posts
    • 1,786 Thanks
    keepcalmandstayoutofdebt
    and you likely won't be able to have one at the new job for a few months.
    Originally posted by SandC
    This is a really, really (in)valuable point.

    Even my Mum said her new job policy with a national company restricts her from taking holiday in the first 12 weeks of employment that wasn’t pre-mentioned at interview and even to get an exception in first three months, the holiday booked after starting, would be ‘unpaid’.
    "If you are caught in a rainstorm, once you accept that you'll receive a soaking, the only thing left to do is enjoy the walk"
    • CheBee
    • By CheBee 14th May 18, 9:04 PM
    • 37 Posts
    • 56 Thanks
    CheBee
    They will do what is in their best interest...
    Single, FTB --Back on the property hunt! -- 'Save £12k in 2018' -- Total Saved: 1.5k/8k
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