Holiday/Leave Question When Leaving a Job
I was wondering if someone could please help with a problem I have.
I have a UK contract, which states I have 25 working days leave entitlement per calendar year. It then states in the next paragraph that "payment will be made for any holidays not taken at the time of termination of employment, with effect from 1st January".
I am therefore assuming that if I hand in my notice and haven't taken all my accrued holidays, I will be paid any holidays owed with my final pay. Now someone has mentioned to me that the employer can force me to take this holiday in my notice period. Is this correct? Surely with the clause above in my contract they can't just do things as they please?
Any help would be much appreciated.
But what about this note in my contract:
"Payment will be made for any holidays not taken at the time of termination of employment, with effect from 1st January".
Does this clause not mean anything then?
So if I handed in my notice at the end of Feb and had accrued 6 days altogether until the end of March (notice period is one calendar month), could they force me to take these days in my notice period or could I based on the clause insist on getting paid for 6 days?
To my mind it’s two separate issues.
If you have holidays accrued but not taken at the end of the notice period then yes you should be paid for them, as per that term in your contract.
However, the employer can nominate specific days on which they require you to take holiday (assuming there isn‘t a contractual term or other agreement saying otherwise). In other words they can ensure that there are no holidays left to pay to you at the time of leaving and therefore the term in your contract becomes irrelevant.
So in answer to your last question - you can only use that term to insist on getting 6 days holiday pay on termination if there are still 6 days of holiday left at the time of termination. And in the meantime your employer can ensure that there are no days left at the time of termination by nominating 6 days holiday within the next month (assuming, as I said above, that no other agreements preclude this). Does that make sense?
It not only makes sense - it is the legal position. There is no contractual right to be paid for holidays rather than taking them here. The clause quoted does indeed confirm only the legal position - that the employer must pay for any untaken holiday. But if the employer insists on the holiday being taken during the notice period they can do so.