Holiday Pay

[arryb]

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!]

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]

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!]

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)."