When leaving a job having worked your notice period etc what holiday pay are you entitled to.
A mate of mine is finishing at the end of the week and reckons that because he worked for a full 12 months last year he is entitled to full holidays as of 1st of Jan so he’s expecting four weeks plus he’s notice week when he’s finished.
Can anyone shed any light on this as it doesn’t quite ring true to me.
Simon.
Think he may have a shock coming, that is unless he didn’t take any leave last year! You accrue your leave as the working year goes by, if you use too much leave before the year end and leave a job you could end up owing them money from your last weeks wage!
That’s how I’ve always understood it fileep but he reckons once you’ve worked somewhere more than a certain amount of time your entitled to your full holiday entitlement.
According to him the days of accruing holidays are gone.
I must admit it sounds a bit strange to me as well but he is convinced.
Simon.
a decent firm will pay up. you’d have got it anyway if you take the holidays.
but the truth is, there are some tight arse gits about.
i worked for a firm in northern ireland, we didn’t take much notice of holiday entitlement, if we needed a few days off, then we would get paid for it, no questions asked. if you didn’t take any time off, then he would give it you in cash at christmas, and then you still got another 2 weeks off. [zb]ing best employer i’ve ever had. if you grafted you got rewarded, if you were a pillock, then you walked.
then the [zb] hit the fan, he sold out to another firm. we got memos, letters in the post, contracts. no one questioned any change in holiday pay until it was too late. he wouldn’t pay in lui of holiday pay, and he wouldn’t let you carry them over, he ended up with some real tossers working for him. tight git.
Mad Si79:
When leaving a job having worked your notice period etc what holiday pay are you entitled to.
A mate of mine is finishing at the end of the week and reckons that because he worked for a full 12 months last year he is entitled to full holidays as of 1st of Jan so he’s expecting four weeks plus he’s notice week when he’s finished.
Can anyone shed any light on this as it doesn’t quite ring true to me.Simon.
Now,that may be a bad Situation for him,i think
By Law you need to take your Holiday before End of the Year as it can’t be carried over.
That means,if you take your Holiday before the 31.Dec you get them paid.All Holiday you are entitled after 1. Jan and you take them you get paid,but the Holiday from last Year you haven’t taken is lost.
Thats the Funny thing with Agency Work.
They dont let you do Holiday at Christmas Time (what you shall by Law),and if you do you get no Work after Christmas. 
limeyphil:
a decent firm will pay up. you’d have got it anyway if you take the holidays.
but the truth is, there are some tight arse gits about.i worked for a firm in northern ireland, we didn’t take much notice of holiday entitlement, if we needed a few days off, then we would get paid for it, no questions asked. if you didn’t take any time off, then he would give it you in cash at christmas, and then you still got another 2 weeks off. [zb]ing best employer i’ve ever had. if you grafted you got rewarded, if you were a pillock, then you walked.
then the [zb] hit the fan, he sold out to another firm. we got memos, letters in the post, contracts. no one questioned any change in holiday pay until it was too late. he wouldn’t pay in lui of holiday pay, and he wouldn’t let you carry them over, he ended up with some real tossers working for him. tight git.
That’s because we’re REQUIRED to have the holidays by law. Not the holiday money, but the actual holidays.
Some firms make it so bloody awkward to take the holidays though, then blame you if you’ve not taken them.
Mad Si79:
When leaving a job having worked your notice period etc what holiday pay are you entitled to.
A mate of mine is finishing at the end of the week and reckons that because he worked for a full 12 months last year he is entitled to full holidays as of 1st of Jan so he’s expecting four weeks plus he’s notice week when he’s finished.
Can anyone shed any light on this as it doesn’t quite ring true to me.Simon.
Let’s say for example he gets 24 days a year leave that means he accrues 2 days a month, so if he left at the end of January without taking leave he should be owed those 2 days.
Now if he just had a week off (5 days a/l ) he would owe them 3 days pay.
You can legally carry 5.6 days of your holiday over to the following year! I checked with ACAS and asked for 2 days to be transferred over last March and got my days off before the new holiday period because this year was 29 days annual leave and Stobart didn’t want me to have 31 days!
HTH
There is a lot more to it, but he won’t get a full Holiday pay for 2012
You acue your days during the year, say your leave year runs from the 1st of January to the 31st of December, than if het gets 28 days incl bank holidays he would have acrued 2.33 days on the 1st of February, and if he didn’t take any leave in January (mind the second was a bank Holiday) than he will get paid for 2.33 days.
However the leave year can run from any date, some companies use the tax year, or from the day that you start.
The same with the days you can carry over, it’s not in the law that you must able to carry days over, but a company can let you carry days over. (some companies let you take 5 days over which must be taken before March)
The only exemption is if you are ill (and still employed) , you build still days up, which can be taken the moment you recover, they carry always over on the end of a holiday year.
Just another often misunderstanding: companies can force you to take holidays in quiet periods, company shutdowns etc. this must happen with enough notice
IF the holiday year starts on the 1st Jan, then he will have accrued 28 divided by 52 times 5 = 2.7 days, minus any that has been taken.
Employer should state if hols can be carried over into a new year, but most wont.
The holiday year might also run with the tax year from April 6th, so he might be due 4 weeks if he hasnt had ANY holidays, inc bank holidays.
Taken from DirectGov website…
The basics of holiday rights
There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are that:
you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
part-time workers are entitled to the same level of holiday pro rata (so 5.6 times your usual working week, eg 22.4 days for someone working four days a week)
you start building up holiday as soon as you start work
your employer can control when you take your holiday
you get paid your normal pay for your holiday
when you finish a job, you get paid for any holiday you have not taken
bank and public holidays can be included in your minimum entitlement
you continue to be entitled to your holiday leave throughout your ordinary and additional maternity leave and paternity and adoption leave
Mad Si79:
When leaving a job having worked your notice period etc what holiday pay are you entitled to.
A mate of mine is finishing at the end of the week and reckons that because he worked for a full 12 months last year he is entitled to full holidays as of 1st of Jan so he’s expecting four weeks plus he’s notice week when he’s finished.
Can anyone shed any light on this as it doesn’t quite ring true to me.Simon.
It depends when the company’s holiday year is.
If it is 1st Jan to 31st December then he’ll only get just over 2 days holiday pay. If it is 6th April to 5th April he’ll get about 23 days holiday pay.
There is no legal right to carry holidays over to the following year - you use them or you lose them unless the contract of employment says you can carry them over. You also don’t have to work a year at a place to get paid holidays - you build up entitlement from the very first hour.
Regarding carrying holidays over, you can’t, I can’t find the relevant link (Tachograph your cue) according to the WTD you have to use the statutory leave, you can’t be paid in lieu nor carry them over. At our place we currently have 13 drivers with 9 days to use before the end of April and only 2 drivers can be off at anyone time, only 43 working days left and 56.5 days to use, and it’s gonna be a free for all.
The impression I get from the OP is that his mate thinks he gets his full entitlement at the beginning of the holiday year, so when he leaves in february, he thinks he’s gonna get his full 5.6 weeks. 
Mad Si79:
When leaving a job having worked your notice period etc what holiday pay are you entitled to.
A mate of mine is finishing at the end of the week and reckons that because he worked for a full 12 months last year he is entitled to full holidays as of 1st of Jan so he’s expecting four weeks plus he’s notice week when he’s finished.
Can anyone shed any light on this as it doesn’t quite ring true to me.Simon.
I am very happy to, as requested, offer some illumination. Your mate is a ■■■■.
Thankyou.
Conor:
There is no legal right to carry holidays over to the following year - you use them or you lose them.
You cannot carrry over or lose days that are part of the statutory 5.6 weeks. The company would be in trouble if they did that.
Coffeeholic:
Conor:
There is no legal right to carry holidays over to the following year - you use them or you lose them.You cannot carrry over or lose days that are part of the statutory 5.6 weeks. The company would be in trouble if they did that.
You can’t carry over or lose them? Expand on that please.
DoYouMeanMe?:
Coffeeholic:
Conor:
There is no legal right to carry holidays over to the following year - you use them or you lose them.You cannot carrry over or lose days that are part of the statutory 5.6 weeks. The company would be in trouble if they did that.
You can’t carry over or lose them? Expand on that please.
You have to take them within the holiday year. You cannot carry them forward to the next year, you cannot lose them, you have to be given the time off. If you carried them forward or lost them because you didn’t take them then you would have less than the legal statutory minimum. If there are, for example, 5 days of the holiday year left and you have 5 days statutory holiday to take the company have no option, they have to let you take them. In fact they must make sure you take them. You have no option other than to take them, even if you want to or are happy to carry them forward, or to be paid instead of taking them, you cannot if it means you then have less than 5.6 weeks holiday.