Untaken holiday when leaving a company.
Jul 27th 2010, 11:29 am
#1
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Untaken holiday when leaving a company.
I was wondering if anyone knew the answer to my question.
I am planning on my last working day in the UK being 31st August. Since January, I would have earned 16 days holiday (Holiday allowance is Jan-Jan).
I have only taken 6 days, and don't plan on taking any more, so will have 10 days extra. Now, I'd quite like for them to pay me for these in my last pay cheque (which would pay for my flight), but I'm not sure if they are able to force me to use them as part of my notice??
Google isn't very helpful. Has anyone got any experience? I can't really ask them, as then they'd know I plan on leaving.
I am planning on my last working day in the UK being 31st August. Since January, I would have earned 16 days holiday (Holiday allowance is Jan-Jan).
I have only taken 6 days, and don't plan on taking any more, so will have 10 days extra. Now, I'd quite like for them to pay me for these in my last pay cheque (which would pay for my flight), but I'm not sure if they are able to force me to use them as part of my notice??
Google isn't very helpful. Has anyone got any experience? I can't really ask them, as then they'd know I plan on leaving.
Jul 27th 2010, 11:31 am
#2
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Joined: Mar 2010
Posts: 243
Re: Untaken holiday when leaving a company.
Any holiday owing to you should be paided in your final pay from the company. Speak to HR they should be able to tell you what is owed to you
Jul 27th 2010, 11:44 am
#3
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Re: Untaken holiday when leaving a company.
I tried Googling a different way and found this
So you are correct. Seems that they will need to pay me. Which is good as I didn't really want to 'waste' it.
Originally Posted by Citizens Advice
Leaving your job
If you have not been able to take all the holiday you have built up before your job ends, you have the right to pay instead of the untaken holiday. Your employer should pay you for all the holiday you have built up. If you have an agreement with your employer, which says how much pay you will get instead of untaken holiday, you may get the amount in this agreement. If your agreement with your employer does not say how much pay you should get, the rules on how much pay you should get for untaken holiday are complicated and you should seek further advice.
If your employer refuses to pay you for untaken holiday
Your employer may refuse to pay you for untaken holiday if you are leaving or have left your job. If you are in this situation you can enforce your right to pay for untaken holiday at an employment tribunal. If you are in this situation you may have to raise a written grievance with your employer first.
For more information about grievances, in England, Wales and Scotland, see Resolving disputes at work and in Northern Ireland, see Dealing with grievances, dismissal and disciplinary action at work.
If you are in this situation, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. You should contact a CAB as soon as possible, as there is a time limit for making claims to employment tribunals. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
If you have not been able to take all the holiday you have built up before your job ends, you have the right to pay instead of the untaken holiday. Your employer should pay you for all the holiday you have built up. If you have an agreement with your employer, which says how much pay you will get instead of untaken holiday, you may get the amount in this agreement. If your agreement with your employer does not say how much pay you should get, the rules on how much pay you should get for untaken holiday are complicated and you should seek further advice.
If your employer refuses to pay you for untaken holiday
Your employer may refuse to pay you for untaken holiday if you are leaving or have left your job. If you are in this situation you can enforce your right to pay for untaken holiday at an employment tribunal. If you are in this situation you may have to raise a written grievance with your employer first.
For more information about grievances, in England, Wales and Scotland, see Resolving disputes at work and in Northern Ireland, see Dealing with grievances, dismissal and disciplinary action at work.
If you are in this situation, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. You should contact a CAB as soon as possible, as there is a time limit for making claims to employment tribunals. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
