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Work advise

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I am about to resign from my job as I have just been offered another elsewhere, Can anybody advise me if the company I'm leaving is legally required to pay me for outstanding holiday when I leave? I… Read More
barriey Avatar
8y, 6m agoPosted 8 years, 6 months ago
I am about to resign from my job as I have just been offered another elsewhere, Can anybody advise me if the company I'm leaving is legally required to pay me for outstanding holiday when I leave? I am currently owed 22 days holiday upto the end of December so recon they will owe me about 17 days when I leave in 4 weeks.
If they don't have to pay I would rather take my notice period as holiday to use this up than to lose it, although I would much rather have the extra money in my final pay cheque.

Any advise appreciated! Ta
barriey Avatar
8y, 6m agoPosted 8 years, 6 months ago
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Comments/page:
#1
does it state anything in regards to this in your contract?x
#2
Leer
does it state anything in regards to this in your contract?x



No, there is nothing regarding payment in the contract,

HOLIDAYS (Gross per annum pro rata and inclusive of all Bank and Public Holidays. For calculation, see overleaf.) 31 days pro rata.
LENGTH OF NOTICE - By either party and must be in writing. 1 week increasing to 4 weeks after 3 month probationary period.
#3
barriey
No, there is nothing regarding payment in the contract,

HOLIDAYS (Gross per annum pro rata and inclusive of all Bank and Public Holidays. For calculation, see overleaf.) 31 days pro rata.
LENGTH OF NOTICE - By either party and must be in writing. 1 week increasing to 4 weeks after 3 month probationary period.


The only other reference to holiday states;

You will be entitled to 31 days pro-rata paid annual leave, which includes Public and Bank Holidays. Bank Holidays are treated as normal working days and leave must be requested for them in the normal manner. The holiday year runs from January to December.
#4
in your letter of resignation put you leaving date and state that you have however many days holiday to take and say that you are including these in your notice making your last working day whatever date. Hope that makes sense.
#5
bellabonkers
in your letter of resignation put you leaving date and state that you have however many days holiday to take and say that you are including these in your notice making your last working day whatever date. Hope that makes sense.


Thanks! Yes it does make sense, although I'd rather have the money instead if they have to pay it.
#6
a holiday is your entitlement during employment and not something you can 'sell' as it were. i suggest you hand in a request and depending on the length of notice required up til the point you can leave, take the 17 days ie; if a 4 week notice is required take the last 3½ weeks off so you're effectively resigning immediately with 3 weeks pay .(hope it was coherent)
#7
barriey
Thanks! Yes it does make sense, although I'd rather have the money instead if they have to pay it.


doh....forgive me I didn't read your OP properly.
#8
bellabonkers
in your letter of resignation put you leaving date and state that you have however many days holiday to take and say that you are including these in your notice making your last working day whatever date. Hope that makes sense.



beat me to it and the t&c confirm what i've said. (using a pda and it's sloooow!)
#9
Karim786
a holiday is your entitlement during employment and not something you can 'sell' as it were. i suggest you hand in a request and depending on the length of notice required up til the point you can leave, take the 17 days ie; if a 4 week notice is required take the last 3½ weeks off so you're effectively resigning immediately with 3 weeks pay .(hope it was coherent)


Thanks, does this mean they are not legally obliged to pay the acrude holiday?
1 Like #10
barriey
Thanks, does this mean they are not legally obliged to pay the acrude holiday?



it seems not however it's always worth going to a solicitor for a free consultation or even asking an experienced colleague.
#11
yes they have to pay you any holiday time owing
#12
You can claim back the holidays as an extension to your notice period.

Example:

Old job = JobA
New job = JobB

Instead of giving JobA 4 Weeks notice for your resignition, give them 4 weeks notice + your 17 days owed.

So you'll be working in your new JobB, but you'll also be getting paid holiday pay from JobA for the first 17 days of your new job.
1 Like #13
Say you hand in your notice on Monday. (and assuming you work 5 day weeks)

Your resignition letter should say something along the lines of:

Dear [Manager Name Here],

I hereby tender my resignation from my position as [Job Title Here].

My last day will be on November the 25th.

This includes 17 days of Holiday accrued, and as such, my last working day will be October the 31st.

Sincerely,

[Your Name Here]
banned 1 Like #14
speak with your manager. they do have to pay for any o/s holiday entitlements or give you time off in lieu of notice period. If you are any good at your job and they need someone in your position, then they will more than likely agree to pay you the O/S time.

However, it is always a good idea to have a weeks break between leaving job 1 and starting job 2.
1 Like #15
Hi,

Holidays are generally accrued (it should specify in your contract how holidays are accrued if not ask before you resign, I expect yours will be 2.5 per calender month) so therefore they do have to pay you any that you have owed to date because you have accrued them and they are yours to take. If you find that they do not pay you them (some companies try and get away with it) phone them up to ask them if they forgot to pay them, if they still do not pay them seek legal advice.

If it specifies in your contract that you have to give notice for holidays I expect they will not let you take holidays in lieu of notice and you will have to work all or some of you notice.

Hope this helps.

Leanne

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