Help with notice at work

[atouchoffrog]

Hi all

 

I have given my notice at work yesterday, and am still entitled to 6 days holidays, which i wanted to take, to have a small break before starting my new job. My manager has refused and told me that they would pay me for these holidays instead. Does anybody know whether they have the right legally to do so? Thanks for your help!

[andyofborg]

depends, you are entitled to 28 days holiday per holiday year, if you leave part way though the year them your entitlement is pro-rated.

 

if you have taken more than this before you leave then your employer can deduct the excess from your final salary.

 

if you have taken less then you should either take them or be be paid for them. i suspect its a matter of mutual agreement.

[atouchoffrog]

thanks Andy. the 6 days i have left are pro rata, because i only had 4 days off since january. i was just wondering if they can impose on me to have them paid instead of taking them?

[Flying Duck]

Holidays are usually "to be taken at a time agreed by management" - ie you put a request in and they approve it or say no. On this occasion they have said no.

 

Of course if your contract says that you can take them when you want, then you should be able to take them.

[NERVY-OWL]

i've always thought it was down to the management whether you can take them or not so i guess theres not much you can do

[danniuk2000]

I would say that the holiday thing is discretionary. How long is your notice period? Whilst working for your employers you are still bound by their contract. If it says you have to give 28 days notice if you want a holiday then that's what you have to do. My honest opinion???? Go off sick for the last 6 days, If they don't pay sick pay at least you'll get your holiday pay in your final wage. A little bit naughty though

[atouchoffrog]

thank you for your answers. i gather they are in their right to not let me take these days off, and pay them to me instead, but considering the problems i had with them over the years, i may go with danniuk, and just pull a sickie instead! i checked my contract re notice period (one month), and it states nowhere that my company reserves the right to ask an employee to work for the full notice even if they are entitled to some holidays on a pro rata basis.

[neeeeeeeeeek]

Doing that wil screw up any reference if you ever need one. Is it that bad you can't work for 6 more days?

[nerd]

You could just take the last week of sick as others have said (just make sure your employers don't know your SF name!), or you could just ask your new employers if you could start a week later. I had a job once where they couldn;t let me take the last week as A/L and paid me instead, so I just arranged to start my new job a little later than originally intended.

[nickycheese]

Helpful info here:

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711

 

"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."