Resignation&Holiday entitlement

[GIMPTON]

Morning Chaps

I have recently resigned from my current employers in order to pursue some other activities.

Yesterday afternoon in a weekly meeting with my boss I was just confirming my actual last working day when he added into the conversation the 7.5 days holiday entitlement I have left to take.

Now my boss is under the impression that I have no other work lined up when I leave and is a well-known control freak and bully. His comments to me where" now you have these 7.5 days left to take and if not taken you can be paid for them", However it is at my discretion if they are paid, and I will be reviewing this on a day by day basis. Basically do as I say, don’t wind down and don’t cause any trouble or you wont get the extra cash.

First of all is he correct? I wasn’t under the impression that this was not at anyone’s discretion. If he is not correct then is indicates to me someone who knows he has very little of his normal sanctions available to him and his only control left over me is the 7.5 days payment and his assumption that I will need that the extra money, I dont.

Now I have taken offence to this remark and have turned a blind eye to some rather interesting comments made by him over the years and a recent highly unprofessional incident with an external consultant.

Not the type to run to HR but I know the man has a number of bullying allegations against him and that HR are keeping close tabs on him. Very tempted to report him for intimidation but need to know if he does have the authority to remove payment for holiday entitlement if I don’t meet his "standards".

Have checked the DTI website and not much on their to be honest.

Cheers

[voyds9]

Apply to have your last 7.5 days work as holiday, after all you are entitled to it.

[Vee]

I'm no expert but my advice would be . .

Tell him that you'll be finishing in (Notice period - 7.5 working days).
You have the holidays accrued, if YOU don't take them then the company must pay you. He cannot stop you taking them.
If you and he mutually agree that you won;t take the days off, then he may think its at his discretion as to whether to pay you - you can just go over his head to HR/Personnel.

[Don]

Your holiday pay will be part of your contract. Provided you have stuck to the letter of your contract and do not commit any act that could be construed as "gross misconduct" during your remaining time with the firm they will be legally obliged to pay you for your holiday.

In your situation, however, I would apply for the 7.5 days as vacation time. You probably deserve a week off to get yourself together when changing job.

[greenv8s]

If you have a typical contract you will be contractually entitled to paid holiday, and this entitlement will acrue during the year. In other words if you have an annual allowance of twenty days holiday and you quit six months into the holiday year then you would only be entitled to ten days. I suggest you work out for yourself what your entitlement is; don't take his word for it. If you have taken more than that during the current holiday year, the excess would normally be unpaid. If you have taken less than that then you have a right to take the remainder during your notice period.

You have a contractual entitlement to the holiday, and they cannot decide not to let you take the holiday, or not to pay you for it. What they can do is let you work on your holiday and pay you extra, just like working overtime. This would be by mutual consent, which presumably is what he is talking about. There's no reason for him to pay you extra to be in the office if you aren't going to be productive. From what you've said there's nothing underhand or control-freakery going on here, just that you aren't clear where you stand and he hasn't helped you understand.