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Notice period and unused holiday

 
Notice period and unused holiday

Regarding notice and unused holiday days, my contract of employment states: "If you have taken fewer holiday days than entitled, the Company will pay you in lieu of holiday accrued but not taken, although the company reserves the right to require you to take holiday during your notice period."

I have 5 holiday days remaining and would prefer to be paid in lieu for this. Can I demand this? Or is it basically up to the company? Where does the law stand on this?

Any advice would be appreciated.

DutchPicnic

13/12/2005 21:04:28

Notice period entitles new holidays

I have been offered another post which will commence in the new year although i have no holidays left this year however my notice period of 4 weeks will take me into a new year and thus entitle me to new holidays - am i correct in assuming this?

irishpickle

14/12/2005 11:27:31

Notice period entitles new holidays

I have been offered another post which will commence in the new year although i have no holidays left this year however my notice period of 4 weeks will take me into a new year and thus entitle me to new holidays - am i correct in assuming this?

irishpickle

14/12/2005 11:35:21

Notice period and unused holiday

Originally posted by DutchPicnic:
Regarding notice and unused holiday days, my contract of employment states: "If you have taken fewer holiday days than entitled, the Company will pay you in lieu of holiday accrued but not taken, although the company reserves the right to require you to take holiday during your notice period."

I have 5 holiday days remaining and would prefer to be paid in lieu for this. Can I demand this? Or is it basically up to the company? Where does the law stand on this?

Any advice would be appreciated.


It's up to the company. The wording says it clearly.

The only time it is not up to the company is if you can prove that all other people who resigned where paid in lieu of holiday, but it's a lot of hassle for this.

Slough

14/12/2005 22:34:20

Notice period entitles new holidays

Originally posted by irishpickle:
I have been offered another post which will commence in the new year although i have no holidays left this year however my notice period of 4 weeks will take me into a new year and thus entitle me to new holidays - am i correct in assuming this?


It depends on how your employment contract is written.

Basically if your employer has an accrued holiday pay system where you get xx days holiday per month then they have to give you 1/12th of your annual holiday entitlement on leaving.

Slough

14/12/2005 22:40:53

Came out Notice Period

I have resigned from a company where i worked for four months. I was in probation my notice period given in the offer letter was one month. the new employment demanded me to join earlier. i spoke to my boss he relieved me from the responsibilities but my HR was not ready to relieve me . i submitted my resignation on 22 asking to relieve me on 30th i was tring to get my relieving till 2nd mean time i gave training to other people as per discussion with my boss. I didn get relieving till 2nd so I came out and joined in new company on 5th my new employer know this. I didnt get paid for last month from my old employer. Please help me how I can get my Pay,PFand Mediclaim of 4 months and relieving letter. I have not signed any bond.

Thanks in advance

reez

21/12/2005 09:38:18

Not able to stay till Notice Period

I have resigned from a company where i worked for four months. I was in probation my notice period given in the offer letter was one month. the new employment demanded me to join earlier. i spoke to my boss he relieved me from the responsibilities but my HR was not ready to relieve me . i submitted my resignation on 22 asking to relieve me on 30th i was tring to get my relieving till 2nd mean time i gave training to other people as per discussion with my boss. I didn get relieving till 2nd so I came out and joined in new company on 5th my new employer know this. I didnt get paid for last month from my old employer. Please help me how I can get my Pay,PFand Mediclaim of 4 months and relieving letter. I have not signed any bond.

Thanks in advance mail me at: bluestar5in@yahoo.com

reez

21/12/2005 09:40:12

holiday entitlement during notice period

I work in the England for an English company. I handed in my notice and being made to work my contracted 3 months notice (I have tried to negotiate a reduction in notice period, but my managers are being extremely unreasonable). I am owed 5 days holiday and was told by my manager that during your notice period any holidays that are owed can only be taken at the managerís discretion, otherwise they reserve the right to pay me for the 5 days holiday. Can then do this? I want to leave a week earlier using my 5 days holiday, and my manager has taken a firm stance that this is not possible and that they are going to pay me for untaken holiday and I must work the full 3 months notice. Is there in anything in English employment law that says that I can not be forced to accept the fact that I can not take the holiday and must take the money? I would be grateful for any help with this matter. Thanks.

sk

19/01/2006 12:01:03

holiday entitlement during notice period

Originally posted by sk:
I work in the England for an English company. I handed in my notice and being made to work my contracted 3 months notice (I have tried to negotiate a reduction in notice period, but my managers are being extremely unreasonable). I am owed 5 days holiday and was told by my manager that during your notice period any holidays that are owed can only be taken at the managerís discretion, otherwise they reserve the right to pay me for the 5 days holiday. Can then do this? I want to leave a week earlier using my 5 days holiday, and my manager has taken a firm stance that this is not possible and that they are going to pay me for untaken holiday and I must work the full 3 months notice. Is there in anything in English employment law that says that I can not be forced to accept the fact that I can not take the holiday and must take the money? I would be grateful for any help with this matter. Thanks.


It may seem unfair but your managers are sticking firmly to the letter of the law which you agreed to when you took the job. The company runs a business and as you must be hard to replace they gave you a 3 month notice period which you agreed to.

You are allowed to take holiday during your notice period the same as any other working period, so your managers have the right to refuse you taking those days off but they have to be reasonable. So if you wanted a day of next month as holiday they couldn't refuse you without giving a good reason, however as they know you want to leave early they can invent reasons that are legally valid why you cannot have a block of holiday at the end of your notice period.

You are also allowed to be sick during your notice period and have a right to sick pay as in any other period. Your managers are not allowed to badger you about being sick as long as you follow the company sickness procedure. I mean if you happen to get food poisoning on the last 3 days of your notice period and can't work then there is nothing they can do.





Slough

19/01/2006 13:51:09

Does holiday entitlement accrue during notice period?

My children's nanny has resigned and I need to calculate her annual leave entitlement. Does she continue to accrue further holiday during her notice period?

DoubleDaddy

01/03/2006 23:21:50

resigning as a nanny.

I am a Nanny and am required upon leaving my current family to hand in a written resignation. I have never done this before and haven't a clue as to what to write! I have found a new position and now need to give 6 weeks notice. please can you advise?

pickle

08/04/2006 16:34:07

resigning as a nanny.

Dear Nanny,

I am also a nanny so have done this before. It is just a way of closing the employment officially. Here is an example.

"Dear Helen and Michael (use the parents' first names),

I am really sorry to inform you that I will be resigning from this position as you daily nanny. I have always enjoyed taking care of................. but feel it is now time for me to pursue new challanges in a new family.

In my contract it is stated that I have a 6 weeks notice which will be worked or .... I will return any property to your home.... (just rewrite what your contract said).

If you would like me to I would love to keep in contact with the children so if you ever need a babysitter, don't hesistate to give me a call. (this is optional but it bridges a gap)

Best wishes,

your name and full address"

Make sure you date the letter to the date your notice started.

Good luck, Isabelle

idg

26/03/2007 07:17:26

one month notice - obligation

I've recently been on maternity leave for 7 months and need to return to my company for one month only due to a share scheme issue. This means that I will hand in my notice on the day I recommence work and thereafter work my notice for the month. As I will not have been in the office for 7 months, I am concerned that they will tell me to leave straightaway rather than coming back for one month only. This is fine as long as they pay me for the month so that I am deemed to be employed by them for the month albeit on gardening leave at home. Is my firm obliged to let me work my full month's notice or can they legally tell me to go earlier than one month and stop my pay straightaway? I guess my question is - does the month notice period work both ways?

cookiedough

08/04/2007 14:48:45

SHOULD I BE PAID SICK PAY WHEN WORKING MY NOTICE PERIOD

Hiya Wonder if anyone can help, i have 2 weeks left to work on my notice period and under my contract i always have been paid full pay when off sick, our contract states full pay for upto 1 month in every year as long as we ring in the first day of sickness. I have handed in my notice as i worked for this company for 2 years and my mum got really ill and ended up being in intensive care and i was told after having 6 days off work that my mum being ill was not a valid reason to be off work even though the doctor gave me a sick note they did not pay me, so i am wanting to take a couple of days of sick to be with my mum who is still recovering, does anyone know if i am still entitled to full pay whilst working my notice thanks Michelle

michellestar

27/04/2007 15:56:20

Notice period and unused holiday

Originally posted by DutchPicnic:
Regarding notice and unused holiday days, my contract of employment states: "If you have taken fewer holiday days than entitled, the Company will pay you in lieu of holiday accrued but not taken, although the company reserves the right to require you to take holiday during your notice period."

I have 5 holiday days remaining and would prefer to be paid in lieu for this. Can I demand this? Or is it basically up to the company? Where does the law stand on this?

Any advice would be appreciated.


Unfortunately your contract seems to be very straight forward about this, the company has the right to make you take the holiday as opposed to being paid. I would just ask them whether they intend to do so.

pokergirl

27/04/2007 22:48:26

how do i write my notice up.

Please can u show me how to write a notice letter up

melissa

30/04/2007 16:47:27

Please could you give me some information on where I can find legislation that states that I am entitled to take holiday within my notice period?

My employer has stated that they will not let me use my holiday at the end of my notice period due to 'company policy', which i assume is not a legally valid reason, if I understand you correctly?

jungle solja

11/06/2007 10:27:39

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.

chalalala

22/06/2007 01:58:46

holiday pay in notice period

Hi all,

I was told after working for a company for over 2 years on a rolling contract that I was no longer needed and told that my end date would be 22nd May 09

I've got 21.5 days of holiday remaining bur since it's now the 5th May they are going to tell me tomorrow what they want me to do i.e. probably leave 21.5 days earlier than my supposed end date.

I was counting on getting my holiday money paid as all the way through the year holidays have been "frowned upon" or not-allowed because of a big departmental project. So I have ended up at the end of my contract with a whopping amount of holiday - I thought I could use the money to pay for a nice holiday for me and my partner abroad in the one week period between my end date and starting date for the new company.

Now I find that actually I might just end up sitting on my backside for a month until I start my new job, and probably not be able to afford a holiday. I've been messed around a bit already by this company in terms of end dates and keeping me on short term rolling contracts whilst giving other team members full time contracts.

There is a bit of legislation that states that notice equal to double the holiday entitlement must be given if they wish to force you to take it but in my contract there is the wording "If you are working your notice (of termination of your employment) ****** may require you to either work your full notice period receiving payment for your accrued annual leave in your final salary or to take any unused holiday entitlement during your notice period." which could very well supersede this?

BUT because they have been keeping me on a short rolling monthly contract there is a notice period of only 1 week for both myself and the company. Am I within my rights to hand my own 1 week notice in, and get the rest of my holiday in pay rather than working to the end date given to me by my company? As I see it, this is potentially the only way to get paid for my holidays rather than wasting them in a period of time when I really wouldn't have taken them by choice.

Congrats if you made it this far, sorry for the long post :-) Thanks for any help

-Dan

danbyrne

05/05/2009 17:38:11

Unused holiday - what are my rights?

Hello everyone, i was wondering wether anyone could help me, as ive just Finished a 13 week contract (LWG SCHEME, funded by the government, for every week i was employed the company received a £75 subsidy for employing me and keeping me in work). During these 13 weeks i only used up half of my holidays (3.5 days, 3.5 remaining) and decided i would save them until the 13 weeks was over (for an extra £120 when i leave). Im now in my 2nd week of unemployment, received my final payment, yet NO HOLIDAY PAY!. I went back to work and tried to find out whats happening. One person told me im entitled, but the accounts woman who deals with payments just said ''Ill get that sorted for you'' and didnt sound very enthusiastic. I dont know where i stand and any help whatsoever would be totally appreciated. I thankyou in advance for your time.

DB19892K7

04/11/2009 09:39:54