Notice periods and owed holiday - my rights, please help?

Question

Hi everyone, I'd like some professional or anecdotal advice pelase:

I handed in my notice (4 weeks) a few weeks ago. My official last working day is Friday 22nd June. I have 8.5 days holiday outstanding - I want to take them which means my last actual working day will be this Tuesday (tomorrow), leaving after lunch. I am happy to work the afternoon and just start my hols on Wed. My employer is not co-operating; my boss will not make herself available to discuss and confirm that she is happy with this (because she is cross I am leaving).
Can my boss make me work until 22nd June and pay me 8.5 days extra, or should I be allowed to take it?

I have already given them 1 month's written notice as per my contract! It's not my job to organise my boss's HR!

I am owed 8.5 days because I haven't taken any holiday per year. I have worked it out pro rata (days / months * months worked, so yes, I am owed holiday.

Answer 1

Basically, yes, your employer can require you to work until 22nd June and deny you annual leave to that point. You do have a legal and contractual right to annual leave, but not to when you take it - this has to be with the permission of the employer.
(Would probably have been better getting consent for annual leave before handing in your notice!)
I would not advise you to throw a sickie as a few people have suggested - best not to burn your bridges I always feel and it would be a pity to leave under a cloud - you never knwo when you may need to fall back on them as a reference?

Answer 2

You have a legal right to the holidays, but your company are not legally bound to let you take them at this time. Unless your company has a set shut down period which class as your holidays then all leave must be taken with the express permission of your manager. So in answer to your question, yes, they can make you work until your leaving date and pay you the holiday as cash. I believe that they are being obstinate because you are leaving.

There is a legal way to get around this:-

You are allowed, by law, to self certify illness for one week. So, on the Monday of your last week, ring up and sound poorly, croaky voice etc, and you can take the last week off, with pay, get paid for the holidays and will be able to start your new career path on your designated day. Please be aware, by self certifying you are saying you are unfit for ALL work so you would not be able to start a new job on this date.

Answer 3

You haven't actualy got any holiday entitlement at all im afraid to say!

The holiday that you get allocated is based on how many days you work a year! So if you work 240 days a year and get 25 days holiday that is 2 days holiday a month so infact you may owe them money so be careful what you say because the may dock your last wage!

Have a look on the ACAS website www.acas.co.uk

Oh and yes she can make you work it! and pay it to you, as you have to work your notice because if you don't she dowsn't have to pay you a thing!!

Answer 4

Now let's see - what's the worse they can do ? sack you ?

I would not bother saying anything to 'the Boss' .. he already knows your wishes ... if he confronts you and insists you come in Wednesday, I would not go back tomorrow - instead I would ring in as 'sick with stress caused by my Boss', and that's it ...

Otherwise I would go see HR - and inform them that, as you will be taking the your outstanding Holiday, you will be leaving at 12 noon Tuesday (and you are too stressed to come in anyway ...)

Answer 5

Yes she can, but it's not very nice!
Hit them with a sick-line, I bet she'll quickly become free to talk things over with you then!

Answer 6

If you havent given the relevant notice then she doesnt have to let you take them.

she can just pay you the leave that you are entitled to.