Owed holiday pay and resigning.

dylano_k

Hi,

I'm going to be leaving my job soon to go somewhere else. I have 4 days holidays left over from last year and by the time i leave i will have 1.5 days more.

If i leave am i entitled to any of that holiday pay even though i am resigning?

Thanks

Dylano

Victor

Yes. You would be entitled to pay in lieu.

However, read your contract carefully and check how many days you are entitled to carry over from year to year.

dylano_k

Victor wrote: »

Yes. You would be entitled to pay in lieu.

However, read your contract carefully and check how many days you are entitled to carry over from year to year.

I carried the days over with permission from my manager. Just need to find my contract now.

Cheers Victor.

Gmol

Also might be important it you have written/email confirmation from your manager that you could carry the days rather than verbal

Jellybaby1

Am interested in this subject too. A member of my family is leaving but he has been told (a) holidays can't be carried over to this year and (b) he won't be paid for holidays not taken last year. They never gave him a contract. What is his legal position?

Eoin

We have a "use them or lose them" policy in work, and our HR dept are on the ball when it comes to employment law.

Carrying leave over is up to you and the employer to agree; it's not a right. If the employee had the opportunity to use the leave but didn't take it, then I don't know if there's much that can be done.

How many days are we talking here?

Jellybaby1

Eoin wrote: »

We have a "use them or lose them" policy in work, and our HR dept are on the ball when it comes to employment law.

Carrying leave over is up to you and the employer to agree; it's not a right. If the employee had the opportunity to use the leave but didn't take it, then I don't know if there's much that can be done.

How many days are we talking here?

Around a week's holidays but he is not resigning, they just say they can't keep him on as business is bad, however, I don't believe that as they seem to be taking on temps/ part timers.

P.S. I should add here that when he wanted some days off last year they said they needed him in. So he found it hard to take all the days he was due and when he did manage a few days off, they made him feel like he'd let them down and left them in the lurch. You can't win with some employers these days, they do what they want. Can you offer any hope in this case at all?

Eoin

Jellybaby1 wrote: »

Around a week's holidays but he is not resigning, they just say they can't keep him on as business is bad, however, I don't believe that as they seem to be taking on temps/ part timers.

If the part-timers are in different roles, that's not totally unusual. There might simply be demand for some roles, but not for others. Some companies might use this to get rid of people, while it might be genuine for others.

The question about unused leave has come up before, and I'm still none the wiser. Full time people are entitled to at least 20 days per year, and employers are ultimately in charge of when those days are taken (taking into account the employees' family responsibilities etc).

But I've not seen any info on what happens if the opportunity to take leave was there but not taken by the employee, and I don't know if there are any differences between someone resigning and someone being made redundant.

Perhaps ring NERA.

Jellybaby1

Eoin wrote: »

If the part-timers are in different roles, that's not totally unusual. There might simply be demand for some roles, but not for others. Some companies might use this to get rid of people, while it might be genuine for others.

The question about unused leave has come up before, and I'm still none the wiser. Full time people are entitled to at least 20 days per year, and employers are ultimately in charge of when those days are taken (taking into account the employees' family responsibilities etc).

But I've not seen any info on what happens if the opportunity to take leave was there but not taken by the employee, and I don't know if there are any differences between someone resigning and someone being made redundant.

Perhaps ring NERA.

The new employees are doing the exact same work. I know that it's up to the employee to take or forfeit the holidays, but don't they have to pay you for holidays you never got?

Jellybaby1

Just checked the NERA site - very helpful, thank you for that.

tommyombomb

Victor wrote: »

Yes. You would be entitled to pay in lieu.

However, read your contract carefully and check how many days you are entitled to carry over from year to year.

just questioning this post. I always hear people say you are only allowed to carry so many days over to the next year or you cant carry any over.

Can someone confirm this properly as the way i see it is that you are legally entitled to 20days per year and they cant be taken away from you.

sorry for the derail and nothing personal Victor just when i saw your post it got me thinking again

Eoin

tommyombomb wrote: »

just questioning this post. I always hear people say you are only allowed to carry so many days over to the next year or you cant carry any over.

Can someone confirm this properly as the way i see it is that you are legally entitled to 20days per year and they cant be taken away from you.

sorry for the derail and nothing personal Victor just when i saw your post it got me thinking again

Yeah, it's a good question.

You are entitled to the 20 days if you're working full time, or however many hours per week that it takes.

This is from citizensinformation

Taking annual leave
It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken. In addition, annual leave should be taken within the appropriate leave year or with your consent, within 6 months of the relevant leave year. Further holding over (also known as carrying-over) of annual leave at your wish is a matter for agreement between you and your employer.

If your employer gives you the opportunity to take the leave but you don't, then they can't be expected to let it build up year after year if you keep rolling unused leave over.

So I guess they're not taking it away from you; you've just not used them.

LegacyUser

I left my job 2 weeks ago . I had no contract . Was suspended with pay for 3 weeks but my holidays where used instead " not at my request " . Now my old employer won't pay what holidays I am due and refuses to answer my calls . What can I do ?

Walter Bishop

Most likely forget about it and move on, unless it's a very considerable sum of money you're owed the effort and time required to extract it from the sort of employer it sounds like you had makes it not worth the stress of dealing with it.

dragonfly!

dylano_k wrote: »

Hi,

I'm going to be leaving my job soon to go somewhere else. I have 4 days holidays left over from last year and by the time i leave i will have 1.5 days more.

If i leave am i entitled to any of that holiday pay even though i am resigning?

Thanks

Dylano

Could you ask for it to be put through before you hand in your notice?

skallywag

tommyombomb wrote: »

...Can someone confirm this properly as the way i see it is that you are legally entitled to 20days per year and they cant be taken away from you...

As far as I know your employer can insist that you take your full leave within the year, and is under no obligation to allow days to be carried over. An exception here may be if you are asked to move previously approved holidays due to work reasons.

If your employer agrees though, then days can indeed be carried forward. I would also be looking for an agreement on that in writing.

C3PO

dragonfly! wrote: »

Could you ask for it to be put through before you hand in your notice?

Unlikely ... he wrote that in 2012!!