Force employer to let me leave early using holidays

[wikichris]

Afternoon,

 

I've handed in my notice to leave end of this month of July. Several problems have led me to leave such as withholding pay and verbal tirades aimed at me.

 

I have 11 days holiday to take.

 

I understand that an employer can force me to work those holidays but what about the converse? Can I force my employer to let me leave early using holidays?

 

That will mean I can leave this week.

 

Can I just walk out if they don't accept?

 

Thank you - Chris

[honeybee13]

Hello Chris. This is what the directgov website says:

 

When you leave your job

 

When you leave a job you can take the statutory holiday entitlement that you have accrued up to the time you leave during your notice period, as long as you give the right notice and your employer agrees.

You also have the right to be paid for any untaken statutory holiday entitlement that you have accrued.

If you have taken more leave than your accrued entitlement, your employer shouldn't take money from your final pay unless it's been agreed beforehand. Check your contract to see if there's any such agreement.

If you have been off sick for the whole of the holiday year, there is no legal right to receive any holiday pay when you leave.

 

• Being paid and payslips
  

 

• Employment contracts
  

 

• Notice pay
  

So you can knock holiday off your notice period, I think [hope someone will confirm] with agreement.

 

But you need to give the 'appropriate notice'. This means if you want a week off, you give two weeks notice. I don't think they're obliged to agree, but I could be wrong. It should be on directgov somewhere.

 

So with agreement, you could be able to go early, but you won't have given enough notice. If they wanted to be bloody-miinded...

 

Have you already had a reference from this employer? If not, much as you would like to get out, a reference for your next job would be good. I personally wouldn't just walk out, unless someone here has any better ideas.

 

When you had these problems did you raise a grievance over them? It's not too late to do that. And is your resignation process in writing?

 

HB

[BeauBrummie]

Afternoon,

 

I've handed in my notice to leave end of this month of July. Several problems have led me to leave such as withholding pay and verbal tirades aimed at me.

 

I have 11 days holiday to take.

 

I understand that an employer can force me to work those holidays but what about the converse? Can I force my employer to let me leave early using holidays?

 

That will mean I can leave this week.

 

Can I just walk out if they don't accept?

 

Thank you - Chris

 

 

Hi Chris,

 

Just to put another spin on what Honeybee has already posted, if you leave now without the agreement of your employer during your notice period then you run the risk of deeming yourself as resigned with "no notice" which will risk your employer witholding any further notice pay for breach of contract.

 

Your employer should calculate your accrued holiday pay to the end of the final day of your notice period - is this how you have arrived at 11 days to take?

 

As Honeybee as posted the crux of this issue would appear to be can you talk to your employer about your holiday. As a general rule your holiday pay is paid with your final pay and I would strongly urge you to work your notice period if at all possible. If yoyu have isuues with the employer not paying you then you politley inform them that witholding someones pay is also a breach of contract and that they should think very carefully before taking that step.

 

Hope it works out for you

 

Beau