Group N

If you resign from your job are you entitled to claim money from your employer in lieu of any holiday entitlement still outstanding? Contract of employment does not state anything......

thanks for any advice
Rob

Scooby Snacks 23

I believe you can claim any unusused entitlement (or certainly every company I've worked for has).

tmo

You can claim any accrued holidays (i.e. 25 days divided by 12 = 2.083 days per month) but only full months not part of.
And its non taxable

Neanderthal

iTrader: (6)

Pffft beat me to it and said it better

john_s

iTrader: (1)

You are entitled to be paid for any holidays you are entitled to, but haven't taken, calculated pro-rata for the portion of the year you have worked.

Eg if you've worked 26 weeks of the holiday year, you are entitled to half your annual holiday, less any leave you have taken. (Also, if you've taken holiday in excess of the entitlement to date, it is due for repayment).

I disagree with tmo above, holiday entitlement can (and probably should*) be calculated to the nearest week, and would be taxable (it *might* not be taxable if it was being paid as part of a redundancy payment).

(* - the Working Time Regs reference "portion of the year", no mention of "rounded down to the nearest month").

John.

tmo

my points are taken from the last three contracts of employment i have, and also the contracts i have enforced.
If you are monthly salaried the calculator used is completed periods of employment not part of i.e. full month not days. No employer would pay you .069 of an accrued holiday entitlement for working a single day.

Tax
i was referring to redundancy payment, having read the initial post again it is apparent Group N has resigned, so you are correct john this is not applicable and therefore any payment made would be taxable

Group N

Thanks for all replies -

Anyone looking for staff???