can a company withold holiday money owed to me if i dont work out my notice?

Question

I am due to leave in january but i am thinking of leaving before as they already have someone to take my place, however someone said they can withold my money, can they??

thanks in advance

on my wage slip it states they owe me 64 hours holiday which needs to be taken before march/april but am leaving in jan as i have a new job

Answer 1

My understanding is that they can count your holiday as part of your notice period.

So if they owe you eg. 2 weeks holiday and your normal notice period is one month, and you leave after working only 2 weeks (or less) of your notice, then they can count the remaining 2 weeks as holiday ..

HOWEVER most places will agree with you not to work your notice = after all, why would they want some-one who is leaving walking around setting a 'bad example' for other staff (or worse, speaking to customers ..) ... ESPECIALLY if they have reason to think you are going to a direct competitor and getting paid more money ..

So, IF they say they want you to go immediately (or early), they are likely to pay both 'money in lieu' AND your holiday ..

Answer 2

UK Law requires you as an employee to give your employer at least one week's notice where you have one month's service or more, but this does not increase with your length of service. But the law stipulates both you and your employer may agree to a different period of notice than the statutory amount as part of your contract of employment.

Hence if you fail to work your notice because in law YOU have broken YOUR contract of employment, your employer is no longer bound by that contract of employment either. So they could withold any amount of your wages they may contend you to be liable for. The amount
could indeed be equal to your unpaid holiday money.

Answer 3

You will get paid for accrued vacation days.

"Holiday days" are for paid holidays like 12/24, 12/25 and 1/1--these generally require that you be an employee in good standing and actually work the days immediately before and immediatly after them to get paid.

Accrued sick days won't be paid either.

Answer 4

Unfortunately yes, it will be in the small print of your original contract. This is done by all insurance company's, this way any new ones you approach will deem you a bad payer if you tell them that your NCB cert. has been withheld. Sorry for the bad news but i'm afraid they have you by the short and curlies!

Answer 5

no they cannot you are entitled to 4% of your gross earnings for the time frame involved.6%if you have 5 years or more. when a emoloyee chosses to resign they are entitled to all payments due after 3 days. not the next company paycheck . good luck to you , stress issue here ? your health will improve you will make out fine

Answer 6

I've left a few jobs without working the full notice and i always got my Holiday pay...but as far as i know they have the right to not give you it if you don't work the full notice

Answer 7

Your current employer is under no obligation to pay you these 'benefit days' if you do not work for them sufficiently long to fill the requirements for the pay. Benefits are not a right. They are a luxury offered at the behest of the employer.

Answer 8

They are not going to pay you beyond your last day of work. So if you have holiday pay coming, you need to work at least one more day after the holiday.

Answer 9

Hi,if you leave with out working your notice then yes they can.
Can you go on the sick the first week you can put in a self certified sick note.Then see if your doctor will give you one.Good Luck

Answer 10

Not certain but I would imagine that they could withold it if you don't work out your (contractual) notice period.