Holiday Pay
Author
Discussion

arryb

Original Poster:

11,347 posts

233 months

Tuesday 24th June 2008
quotequote all
If one was coming to the end of ones contract but still had remaining holiday left but didn't wish to take it due to not having time to take it, is the company legally obliged to pay you for the remaining holiday or is each company different and it's written in the contract somewhere? I've had this before at a previous company who paid me for holiday I didn't take but I've heard that this isn't always the case? Any help appreciated.

Thanks, Arry.

rsv gone!

11,288 posts

272 months

Wednesday 25th June 2008
quotequote all
Ø The Employment Appeal Tribunal (EAT) held that on termination of employment an employee has the right under the Regulations to claim pay for accrued but unused holiday pay not merely for the holiday year in which the person's contract terminated, but also for previous years of employment, back to the commencement of the Regulations in 1998.

Ø From now, it is therefore open to your employees, after termination of the employment, to apply to a tribunal for what could be massive amounts of accrued holiday pay.


From this website;

http://www.netlawman.co.uk/info/holiday-pay.php

skwdenyer

18,707 posts

271 months

Monday 30th June 2008
quotequote all
rsv gone! said:
Ø The Employment Appeal Tribunal (EAT) held that on termination of employment an employee has the right under the Regulations to claim pay for accrued but unused holiday pay not merely for the holiday year in which the person's contract terminated, but also for previous years of employment, back to the commencement of the Regulations in 1998.

Ø From now, it is therefore open to your employees, after termination of the employment, to apply to a tribunal for what could be massive amounts of accrued holiday pay.


From this website;

http://www.netlawman.co.uk/info/holiday-pay.php
Would that apply even if the employee had basically simply failed to take their holiday?

And the potential cost to businesses who have had a "no holiday rollover" clause must be immense!

rsv gone!

11,288 posts

272 months

Monday 30th June 2008
quotequote all
skwdenyer said:
rsv gone! said:
Ø The Employment Appeal Tribunal (EAT) held that on termination of employment an employee has the right under the Regulations to claim pay for accrued but unused holiday pay not merely for the holiday year in which the person's contract terminated, but also for previous years of employment, back to the commencement of the Regulations in 1998.

Ø From now, it is therefore open to your employees, after termination of the employment, to apply to a tribunal for what could be massive amounts of accrued holiday pay.


From this website;

http://www.netlawman.co.uk/info/holiday-pay.php
Would that apply even if the employee had basically simply failed to take their holiday
It would seem to.

"If you have employees, make sure they take their holiday entitlement, or be prepared for them to claim it at the end of their employment. (Watch out for a change to the Regulations to compel employers to make sure employees take holidays)."