Holiday pay when resigning

[Phoenix]

A friend has just handed his notice in at work but has not taken any holiday yet this year.He has requested that he be paid for the holiday that he could of taken so far this year. This has been refused.

Can anyone point us to some official written information that we can print off to help him get this money.

Thanks in advance

A

[mondeoman]

Thats illegal - holiday pay carries over when resigning....

[m-five]

Depends on the contract . . .

If it states he receives x-weeks holiday for y-weeks work then he would be entitled to a pro-rata holiday pay.

However if he has not given the required notice (2-4 weeks usually) in his resignation (i.e. he just walks out) then they withold it in lieu of the notice period.

Also if he has been there a short time he may not be due any.

The staff at the company I am contracting at get 5 weeks holiday, but can't take any in their first 6 months and can then take up to 5 weeks in no greater than 2 week chunks. The following year they can take 5 weeks whenever they like.

[Pies]

Two links that should help

government

acas

HTH

[s3_mcd]

alternatively simply advise him to speak to the HR dept ... "having spoken to the citizens advice bureau..." and watch them jump through hoops to ensure that he is given his rights to pro-rata payment in lieu of holiday owed. EU rulings ensure that holiday is accrued from day one, they will have a very hard job in not paying it even if the contract suggests otherwise.

[JonRB]

If he has 4 or more weeks holiday (after pro-rata) remaining and they won't give him pay in lieu, he should just tell them he is going on holiday for the remainder of his notice period. If they don't like it they can sack him and he'll sue them for wrongful dismissal.

[Phoenix]

Funny how quickly people change thier point of view when some official documents prove them wrong.

He has now been paid three weeks holiday pay

Many thanks for the advice and links