Taking holiday in notice period

[bulb763]

I'm ready to quit my job but before I do I'd like to be sure of my position, particularly with regard to holidays. I've looked on directgov but there is no mention of my particular query, so i turn to PH.
Based on my anticipated last day (30th June) I will have earned 12 days holiday, 3 of which I have already used. I already have 17th - 30th June booked off. Can i use my remaining 9 days for these days during my notice period (4 weeks) and still expect to be paid as normal? Or is it my employers choice to terminate my employment on the 16th with no pay beyond this, or even to insist that I work for an extra 9 days in July?
There is nothing in my CoE about this and as I say directgov isn't too much help either, other than for holidays that haven't been taken.
Thanks

[edmellor]

If you have earned the days as outlined in your contract then I can't see any reason why you shouldn't be able to take them, your employer may get a bit miffed though, and depending on the industry you are in, it may not be a good thing to be known as being a bit cheeky.

[Justin-W]

Your entitled to, as with standard holidays just its whether they accept or not.

[Jasper Gilder]

You're contractually entitled to your holiday - or pay in lieu

You're leaving anyway and it's against the law to make people work against their will in the way you outline

Having said this try to agree a mutually acceptable way out - including ensuring that all work will be complete by your last day!!

[bulb763]

Once I leave I don't intend looking for employment anywhere again although I absolutely take the point about burning bridges, and will try and avoid it as much as I can.

I don't suppose anyone has a link to the specific section of employment law that applies to this situation? Your thoughts certainly match up with what I was thinking, but I'd still love to see it in black and white all the same

[Tuscanless Ali]

bulb763 said:

I don't suppose anyone has a link to the specific section of employment law that applies to this situation? Your thoughts certainly match up with what I was thinking, but I'd still love to see it in black and white all the same

When you leave a job - for whatever reason - 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.

Taken from here:

http://www.direct.gov.uk/en/Employment/Employees/T...

[bulb763]

Tuscanless Ali said:

When you leave a job - for whatever reason - 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.

Taken from here:

http://www.direct.gov.uk/en/Employment/Employees/T...

Cool, didn't think to look under holidays, just looked under resigning. But the bit in bold is what concerns me... If I hadn't already got those 9 days booked off and agreed with my employer, then I understand that they would be able to say no to my request, make me work the full notice period, and then pay me for the 9 days accrued that I haven't been allowed to use - simple. But what can they do since I already have the days booked and agreed? Am I worrying over nothing or is this a valid concern?

[Tuscanless Ali]

bulb763 said:

Tuscanless Ali said:

When you leave a job - for whatever reason - 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.

Taken from here:

http://www.direct.gov.uk/en/Employment/Employees/T...

Cool, didn't think to look under holidays, just looked under resigning. But the bit in bold is what concerns me... If I hadn't already got those 9 days booked off and agreed with my employer, then I understand that they would be able to say no to my request, make me work the full notice period, and then pay me for the 9 days accrued that I haven't been allowed to use - simple. But what can they do since I already have the days booked and agreed? Am I worrying over nothing or is this a valid concern?

As you have already have the holiday booked I can't see them then changing their mind and making you work instead, what industry are you in? Is there any likelihood of them putting you on gardening leave when you do hand your notice in?

[bulb763]

Aero engineering. I would say its unlikely they'd do anything like that as there will be a lot of info they will want to glean from me. I've seen it happen a few times already - an internal move where the handover period was getting on for 3 months (and he is still beckoned back occasionally) and another 'resigner' where there seems to be a bit of a panick about losing his knowledge. We'll see thanks for your help