Advice Annual Leave Entitlement When giving Notice

[Darthshearer]

I am going to be giving in my notice on Monday and want to know about my holidays.

I currently have 18 days left on my holidays for the year.

Do I leave with these or is it pro-rated?

On the Direct Gov webby it says:

Quote
When you leave a job you can take the statutory holiday entitlement that you have accrued up to the time you leave during your notice period, as long as you give the right notice and your employer agrees.

Is that the case?

 

[Ch3tan]

The quote means it's pro-rata.

 

[Chilly]

It's pro rata. If it wasnt you could join company after company taking 24 days of paid leave each time.

 

[Vae]

The holiday due to you (which will be paid) will be pro-rata'd up until your leaving date. Those 18 days left will be those due to you if you worked the whole year. Depending on when your holiday year starts you are likely to actually be due much less (e.g. if calendar year).

 

[Chilly]

You may even owe them time if you've taken a large lump already.

 

[Darthshearer]

Ive worked out to be 5 days, man, thats shit, surly thats not right. I am 4 months into my holiday entitlement (well not exactly, its more like 4 months and 2 weeks).

 

[Ch3tan]

Ive worked out to be 5 days, man, thats shit, surly thats not right. I am 4 months into my holiday entitlement (well not exactly, its more like 4 months and 2 weeks).

It depends on how your holiday is accrued, if it's done per hour worked, or a set amount per quarter.

 

[Vae]

It'll depend on how many days you are entitled to in a full year, how many you've taken, when your holiday year begins and when you leave the company. If you're in a normal mon-fri job and don't work bank holidays then that's all there is to it. If you work in retail or similar then bank holidays can change the calculation.

 

[Chilly]

Spread it per week and you won't go far wrong. Your contract will tell you how it's calculated. If it's a day or two they may well let it slide. If it's more they might ask you to work a couple days extra past your notice.

 

[Darthshearer]

Ive got a day left I am owed.

Was hoping to leave early

 

[Turamber]

You may even owe them time if you've taken a large lump already.

Although that is technically true they cannot recover "overpaid" holidays from the employee who leaves. If they do attempt to make that deduction from the final payment scream blue murder and get them in a world of hurt.

Oh and this is your friend:

http://www.businesslink.gov.uk/bdot...787&topicId=1079427399&r.l2=1073858926&r.s=tl

 

[DaGaffer]

Although that is technically true they cannot recover "overpaid" holidays from the employee who leaves. If they do attempt to make that deduction from the final payment scream blue murder and get them in a world of hurt.

Don't know what you're on about; I've deducted for holiday overages on a number of occasions. The really annoying one is when leavers have tried to demand extra money for holidays not taken in the previous year when they've left. In the words of our Caledonian friends, "get tae fuck".

 

[Vae]

Don't know what you're on about; I've deducted for holiday overages on a number of occasions. The really annoying one is when leavers have tried to demand extra money for holidays not taken in the previous year when they've left. In the words of our Caledonian friends, "get tae fuck".

Ditto I don't see what the problem is with deducting overpaid holiday from an employees last pay cheque. In our company you can only carry over holiday from one holiday year to the next with permission so it depends on who's asking.

 

[Turamber]

Don't know what you're on about; I've deducted for holiday overages on a number of occasions. The really annoying one is when leavers have tried to demand extra money for holidays not taken in the previous year when they've left. In the words of our Caledonian friends, "get tae fuck".

There has to be a specific clause in the employees contract of employment to permit overpaid holidays to be deducted on leaving. The vast majority of our clients' employees have no contracts of employment, so we warn our clients to watch carefully how much holiday they give their employees during the year.

Your employer is not allowed to make a deduction from your pay or wages unless:

• it is required or allowed by law, for example National Insurance, income tax or student loan repayments
• you agree in writing to a deduction
• your contract of employment says they can
• it is a result of any statutory disciplinary proceedings
• there is a statutory payment due to a public authority
• you have not worked due to taking part in a strike or industrial action
• it is to recover an earlier overpayment of wages or expenses
• it is a result of a court order or Employment Tribunal decision

http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_175878

 

[Turamber]

Oh and to avoid clutter, these are the rules in the UK regarding untaken holiday:

Carrying over unused paid holiday
A worker may wish to carry over unused holiday from the current leave year to the next.
Under European Union law, a worker must take at least four weeks' holiday per leave year. If they take less than this, they cannot carry it over.
However, in the UK, the statutory entitlement is 5.6 weeks. What a worker may do with the additional 1.6 weeks depends on their contract of employment. You can either:

• have an arrangement that workers must take their full statutory entitlement of 5.6 weeks in any leave year
• allow workers to carry over any of the additional 1.6 weeks that remains untaken into the next leave year - although they must take it by the end of the next leave year

If a worker has an additional contractual entitlement over and above the 5.6 weeks, it again depends on their contract of employment whether or not they either can carry it over or will receive pay in lieu for any of the entitlement that remains untaken.
If you do allow workers to carry over any contractual annual leave entitlement, you can have your own rules on when they must take it. For example, you could state that workers must take the carried-over leave within three months of start of the next leave year.

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1074414966&type=RESOURCES

 

[Wazzerphuk]

There has to be a specific clause in the employees contract of employment to permit overpaid holidays to be deducted on leaving. The vast majority of our clients' employees have no contracts of employment, so we warn our clients to watch carefully how much holiday they give their employees during the year.

http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_175878

Your post there backs up that they CAN take it out:

-it is to recover an earlier overpayment of wages or expenses
- your contract of employment says they can

 

[Ch3tan]

I think all Turamber is saying is to check your contract, if they don't specifically cover it then you can fall back to the statutory rights.

 

[Wazzerphuk]

Unless they've overpaid, which they can - which is in his post. So not sure what he's arguing. Doesn't have to be in the contract.

 

[Turamber]

Unless they've overpaid, which they can - which is in his post. So not sure what he's arguing. Doesn't have to be in the contract.

No, an overpayment would be making out the cheque for the wrong amount ... even making a mistake on the hourly rate somebody is paid (although that is a more controversial issue). Giving somebody holiday on the basis they'd be there for the year and then they fanny off early is not an overpayment, it's the employers problem.

As Mr Ch3t says unless their contract of employment allows that to be clawed back the excess holiday pay given is just lost.

 

[Wazzerphuk]

How is it not overpayment? They've paid the person too much, regardless of what it's "usage" was - hourly, holiday, expenses etc.

 

[Turamber]

How is it not overpayment? They've paid the person too much, regardless of what it's "usage" was - hourly, holiday, expenses etc.

By that logic if an employer was not happy with an employee's performance they could simply say they had overpaid them and reduce them to the national minimum wage. In dealing with any issue in employment or salary operation you have to be specific, not hide behind a vague interpretation.

 

[Wazzerphuk]

Well no they couldn't because their wage is stated in their contract.

Just trying to figure out how this stuff works - so holiday pay doesn't count as wages even though it's technically the same thing?

 

[Turamber]

A wage is a payment for services rendered under a contract, or imputed contract, of employment. Holiday is an entitlement that the worker accrues during the performance of his contract on an annual basis.

 

[Wazzerphuk]

Yes, but they're both paid in the wage received, are they not? There's no difference on the pay checks you receive.

 

[Ch3tan]

Wazz, you are banging your head against a brick wall here, Turamber is right. Holiday entitlement is not the same as wages or overtime.

 

[Wazzerphuk]

I'm not banging anything I'm trying to fill in the blanks I have.

 

[rynnor]

I'm not banging anything I'm trying to fill in the blanks I have.

Basically the legal definition of overpayments is strict and doesnt include taking too much holiday.

Sensible companies should put in an appropriate clause.

 

[gohan]

I'm not banging anything I'm trying to fill in the blanks I have.

well you get your normal wage while on paid leave, but for instance I personally lose out when on leave. My contract is sat and sun 16 hours, when i work them i get time and a half for sunday so 20 hours payper week, when on holiday I just get my normal 16 hours

 

[Aoami]

If you think you're being treated unfairly mate, feel for the poor sods in crap jobs who work 50+ hours a week but are on 0 hour contracts so they have no contracted holiday leave at all!

 

[Ch3tan]

I'm not banging anything I'm trying to fill in the blanks I have.

Fair do's, misinterpreted what you were doing.