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Topic: Leaving job, unused holiday

fran1000

06/7/2013 at 4:10pm
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My OH has finally got so hacked off with his bonkers boss that he has resigned. They owe him for several days holiday, which he wants to take before he leaves.

They want him to work till the end of the month, and pay him for the unused holiday.

Does anyone know if he has the right to insist on taking the leave, given that everyone now has the right to a certain amount of paid holiday a year (he gets the legal minimum)?

He's in the frame for a couple of jobs where they want someone to start asap, and being able to start on the 19th July rather than 1st August could make all the difference.

Julie + Steven

06/7/2013 at 4:16pm
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No he can't insist he should get paid those days with his last pay though so doesn't lose them.

easyt

06/7/2013 at 4:47pm
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you need to read his contract
if it states that he has to work 1 2 or 4 weeks notice and he doesnt then the company has grounds to not pay him( nasty i know but if it states that notice must be worked then it must be worked)
personaly even if they told me i could leave today and have the rest of the month paid as holiday i wouldnt due to that just being their word against mine
if black and white states notice must be worked then work it dont give them the option to try and say you didnt keep to contract

if the new job is sooo much better you need to work out if its worth risking the holiday pay thats due to miss taking the new job? if the new job is realy start date specific (but tbh if your partner is the perfect candidate for the job then im sure start date would be sorted :p )

its a hard life but im sure he wouldnt be the first to miss out on holiday pay to jump ship to a better job

Post last edited on 06/07/2013 17:01:47

Post last edited on 06/07/2013 17:02:52

Monty8

06/7/2013 at 5:17pm
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Check with ACAS.

Ronni54

06/7/2013 at 5:18pm
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Sorry easyt but I can't agree with your first sentence. If the contract specifies his notice period (which it almost certainly will) and he does not work it, his employers have the right to sue him for Breach of Contract - but in 32 years working in Payroll, I have never once known this to happen. They cannot withhold his pay however as this would be an illegal deduction and subject to sanctions by the Employment Tribunal. This applies to holiday pay or anything else owing to him.

It is obviously best if he can negotiate his way to an early leaving date and will, in part, depend on whether his contract specifies whether he may book annual leave whilst under notice.

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Ronni

Monty8

06/7/2013 at 5:18pm
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Quote: Originally posted by Monty8 on 06/7/2013
Check with ACAS or the CAB to be certain.

easyt

06/7/2013 at 5:26pm
Location: preston
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ronnie so what your saying is that in your experience the legally binding contract isnt worth the paper its printed on?

the company only have to pay him for hours worked....not hours contracted to work
so if in may he only works 5 hours but is contracted for 120 they dont have to pay him 120 lol
not sure of your payroll ronnie but here you are entitled to pay for hours worked not hours contracted to work but decide not to work

if this is so then op your hubby should just disregard his contract and leave
hope he gets paid and if not then whatever its the first time its ever happened :p

and to add sometimes its better to take a few hundred quid hit and walk out to a better job :p money isnt everything :p

holiday pay he is owed is a different thing hes entitled to that regardless, but he will only be entitled to any acrued holidays up to the day he gave his notice not the whole year

so if he gets 25 days a year and gave notice 6 months into the year hes allowed 12.5 days not 25 etc
i have run my business for 30 years and i am not joking at the amount of people who think they are entitled to a full years holiday when they leave 9 months into a job :p

sorry just re read the op
they cant stop him leaving early if he so wishes :p
but they wont pay him holidays to make those days up
on termination of his employment they will pay him for any holidays owed up until THE DATE OF HIS NOTICE and there is a difference :p

Post last edited on 06/07/2013 17:33:58

Post last edited on 06/07/2013 17:38:58

Post last edited on 06/07/2013 17:45:38

Ronni54

06/7/2013 at 6:13pm
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No, the contract is legally binding. What I said is that I have never known a company think it is worth taking an employee to court for breaching that contract and they may not refuse to pay him what he has already earned, nor his accrued holiday pay.

With regard to basic pay, he would only be entitled to pay for the days/hours he had actually worked if the decision to leave early was his.

I would agree (almost) with what you say about employees thinking they get a full years holiday - came across that many times, along with monthly paid staff who thought they worked a month in hand! Holiday pay is due up to the date of leaving however, not the date the employee gives notice. On my payroll we had employees on 6 months notice. If they gave - and worked - the correct notice they would be entitled to accrued holiday for this 6 months notice period.

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Ronni

easyt

06/7/2013 at 6:16pm
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ahh yes ronni i see and agree :p in whole to what you say
easy to see things in the best light to suit our situations sometimes :p
op if his new job is going to make your live better either money or health or just a change go for it
money is only money at the end of the day we all struggle to pay bills and sometimes a change is as good as a rest :p

just to add i had a guy who was with me since the day i started my business his wife wanted to move back to usa where she was from, he couldnt bring himself to tell me after 15 years working for me and he left it untill 2 weeks before they left
he had 2 months left of the tax year, he got all his pay and holidays even for the 2 months he didnt work :p

MikeJ

07/7/2013 at 5:44am
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Is he entitled to the holidays....yes
Does he have the right to take them off before he finishes.....usually no

Everybody has the right to request holidays but employers also have the right to refuse the request.

As regards the point of an employer suing an employee for lack of notice. In nearly 30 years working with payroll I also have never know the employer to do it. The main reason is that if a law suit was successful, the employer would win damages for what it cost them. Lets say an employee left and they simply replaced them......there is no additional cost to the employer. The only time it might be worth it is if the other employees have to do overtime to make up the work of the "lost" employee. Even then the cost of bringing the case (including managers time) is highly unlikely to be less than you would get back.

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It'll work out in the end!!!!

I didn't do it !! Nobody saw me do it !! You can't prove anything !!

fran1000

07/7/2013 at 6:43am
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Quote:
if the new job is sooo much better you need to work out if its worth risking the holiday pay thats due to miss taking the new job? if the new job is realy start date specific (but tbh if your partner is the perfect candidate for the job then im sure start date would be sorted :p )

The job he most wants ideally wanted someone to start on 16th, so he thinks waiting till the end of the month could put him at a disadvantage.

fran1000

07/7/2013 at 6:46am
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Quote: Originally posted by Ronni54 on 06/7/2013
Sorry easyt but I can't agree with your first sentence. If the contract specifies his notice period (which it almost certainly will) and he does not work it, his employers have the right to sue him for Breach of Contract - but in 32 years working in Payroll, I have never once known this to happen. They cannot withhold his pay however as this would be an illegal deduction and subject to sanctions by the Employment Tribunal. This applies to holiday pay or anything else owing to him.

It is obviously best if he can negotiate his way to an early leaving date and will, in part, depend on whether his contract specifies whether he may book annual leave whilst under notice.

Funnily enough, he works in payroll too and has never known it happen!

His current employers have scant regard for the law though. If they sack someone for gross misconduct, they only give them 10% of any pay due for unused holiday entitlement, which is illegal.

fragglerock74

07/7/2013 at 4:33pm
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Personnally, if I was leaveing a job that I really didnt like and had another one lined up to start I wold be of like a shot & not worrying about a few hours, but thats just my opinion

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Sharron

Magic Cove.... Newquay 18th May weather permitting
nothing else planned as yet

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