EddScott

My GF has finally decided to leave the care company she is with. She's had a lot of rubbish from them and quite frankly she needs to get out before something serious happens to one of the clients.

Anayway, my GF thinks shes entitled to holiday pay. She been there 2 and a half years and entitled to 3 weeks paid leave. She has taken one week and she believes that when she leaves they should pay her the outstanding 2 weeks.

Can't see it myself but who know in this country! She going to ring ACAS later today to get advice but I didn't think an employer has to pay holiday when you leave.

I've told her to take two weeks leave ASAP and then resign in the 2nd week so she doesn't have to work a week in hand.

Trashman

Usually holiday is prorated throughout the year - you "earn" holiday as you go through. For instance, our holiday year starts 1st January, we get 23 days per year, if an employee left at the end of June they would be entitled to 11 1/2 days. If, at the time they leave, they have taken more than they are entitled to, it is deducted from their final salary. Not sure what the "rules" are nowadays, but most companies seem to run their schemes like this.

Mrs WRX

Most places i have worked for apply this rule aswell. You have to earn your holiday entitlement, ie work 12 weeks to get one week. Most places wont let you take paid holiday until you have earned it. Hope this helps.

Nimbus

[QUOTE=EddScott She has taken one week and she believes that when she leaves they should pay her the outstanding 2 weeks. [/QUOTE]
She would only be entitled to payment for the other 2 weeks if she worked a full year without taking those two weeks off as holiday. As others have said, you need to pro-rata the holidays with the actual time worked counted when the holiday entitlement starts..

john_s

iTrader: (1)

I'd also point out to them that employees are entiled to 20 days (ie 4 weeks) holiday each year by law.

Note though that, at the moment, paid bank holidays can count as part of the statutory entitlement.

John.

RRH

It is wing to her and the employer must pay it or risk ending up in an industrial tribunal.

Check her contract terms and conditions as she may well have forfeited whatever she earned last year if it wasn't taked by the company's payroll year end,but she will be entitled to be paid for what she has earned since that date and has not drawn.

Luminous

iTrader: (3)

Any pro-rated holiday remaining should be paid as part of her final pay cheque.

I do not believe that she is entitled to take holiday during her notice period. No legal beagle though

Drunken Bungle Whore

She should be able to use any holiday allocation owing to reduce her notice period - by agreement with her employer (as they would have to agree any holiday usage).

Agree with all the others above - any holiday accrued should be owed - but if she's taken 'too much' then she may even be asked to pay it back.

Good luck.