Holiday pay entitlement when leaving job?

J

Johnny_Bravo

Guest
Hi,

I'm planning to leave my job (after 4 years) in October to go travelling.

Currently, I still have my full annual allocation of holidays (26 days) left to take.

I am wondering, if I hang onto my holidays without using them, can I expect to be paid for all of these when I leave, or how is it calculated?
 
You must be paid for untaken annual leave (unless some of it is carried over from the prior year and your employer has a "use it or lose it" policy).
 
They should prorate your leave based on the amount of the year you worked. So if you work 10 months to the end of October, you get (26/12)*10 = 21.6 days leave.
 
If you are due 2 weeks holidays can you take this as part of your 4 week notice period?
 
That would depend on your contract. I was able to take 2 weeks annual leave during a notice period, but I had booked the holidays months in advance of resigning and had the pro-rata amount of holidays for the part of the year worked.
 
They have to pay you for any annual leave not taken. But bear in mind that they only have to pay you the equivalent of the length of the year so far. Say for example, you leave at the end of September, as the year is 3/4 over, you are entitled to 3/4 of your annual leave. So if you had 20 days a year, you would only be entitled to 15 days. The problem that can occur, is if you have already used up more than that amount, your employer is legally entitled to be re-imbursed the difference; works both ways!!
 
Holidays during notice period?
Ive been working for my company for 16 months so far, I handed my notice on the 5th june (though on my letter it says 30th of may - manager said its valid from the date i give it to her) anyway, I have taken 4 holidays so far this year, I am entitled to 5 days as I am only 1 day a week part time employee, my last holiday for the whole year is for 30th of june. I wasnt planning to leave until about september but have suddenly changed my mind and decided to leave earlier. after I gave my notice my manager said nothing about it, so i thought everything is ok. This month on the 20th i was supposed to get paid but i didnt, so next day i went to speak to my manager and i was told because im leaving i will be paid by cheque, on the last day of effective working, being 23rd as 30th of june is a holiday? Okay that is fair enough, but i was not in anyway informed about this after giving my notice, i had no idea that was going to happen, therefore wasnt able to pay direct debits plus got charged overdraft fee, which i told when i went to speak, my manager said no she cant give me my check before the last day of work, we were arguing about it as i was not told about this change! also other people who are going to leave have been paid normally into their accounts. My manager also told me that i will not be paid for most of my holidays, only 1.5 days of holidays i will be paid for, which again I was never informed about in anyway, and wasnt told during notice period or before any deductions on my pay. I have no written contract stating in anyway how my holiday pay will be calculated if i were to leave, if anything there is information about full time workers but nothing about me as a part timer. I would understand and accept not bein paid for the 30th but the days before that i was not in anyway informed that i wouldnt be paid for holidays, where i have read on the internet that before any deductions to be made there must be a written statement and i would have to agree to it, also the final payment i am getting is less than what i would usually be paid in a month without any extra duties. pleas just help me what do i do? Am I right or still in the wrong although I dont think so
 
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