Handing in Notice

[Brittbugs80]

I am employed at a Nursery and have been there since November 2015. We get 20 days a year holiday, our holiday year running September to August. I've handed my notice in today and since September 2016 have used 1 days holiday. I prefer booked a week off last November for May this year. This makes my holiday leave 6 days. I've also booked two weeks in August.

I was called back into the office and my boss has told me that I am no longer entitled to my week off as I've messed her around by leaving and that I can't have holiday during notice period.

Can they do this?

It's almost irrelevant anyway, I will be taking my holiday as it's abroad and paid for and she said not to bother coming back or expect to get paid.

I've given 5 weeks notice as opposed to four and after my holiday, there are still three weeks left of my notice to work.

Thank you if anyone can help!

[ANSHD]

What does it say in your contract or handbook?
I think maybe I would have given the notice to include the holiday you had booked
I think you are legally entitled to be paid for any outstanding holidays you have accrued, so your manager will have to pay you for the holiday whether she likes it or not

I suggest you call ACAS and ask for their advice

[shortcake76]

You're entitled to be paid for any owed holiday. I was going to say that you wouldn't be entitled to the full 20 days as your not working the whole leave year so would be entitled to a % which I work out to be 15 so with 6 leave days taken, they owe you 9 (paid).

[Brittbugs80]

It says nothing in our contracts other than our holiday entitlement and we don't have a handbook. My holiday is within my notice period, I handed it in today, work a week, weeks holiday, then three weeks work then I leave.

She said I wouldn't have accrued the time off by the time I leave so that's why she won't pay me, but I can't work out what holiday I have accrued.

[B19M]

Ring ACAS tomorrow morning for advice.
I don't think your boss can do this legally. If I've understood correctly you are 3/4 of the way through the annual leave year and therefore are owed for 15 days Annual Leave to date.

[B19M]

You've accrued 15 days to date.
I can see why you've given your notice in with a boss like that 😧

[Brittbugs80]

Thank you. I just wanted to be sure of the days accrued. I came home too late to phone Acas but will do that tomorrow so I can prepare with something official!

[EBearhug]

If you've been there since November 2015, that's less than two years, so you don't have many rights at all. That doesn't mean it isn't possible to calculate your leave, though.

[Brittbugs80]

Aahh ok. They've only been open since Nov 2015, the same amount of time, does this make a difference?