Nanny needing advice about annual leave...

[aussienanny]

Hi all

I have given notice to the family I work for for a variety of reasons. It hasn't been a really nasty departure of anything and I gave a months notice as my contract states I needed to give.
My question is about annual leave. I will have been here 5.5 months by the time I leave and have not taken any leave so therefore should be entitled to nearly 2 weeks worth. (my contract states nothing about staying for a min 12 months or anything like that, it just states the minimum resignation notice)

I emailed the agency who we work though and they basically sent me a nasty email back saying that its 'very disappointing that I am leaving them so soon' and didn't take into account that I was just not happy in the position. They also said that I probably am entitled as the family pays my tax etc but they said I should look into it further. Can anyone help me with my rights here? Please??? thanks everyone!

BusinessLink.gov.uk is probably the best place for you to find advice. Working Time and Time Off section includes the facility to calculate how much time off a UK worker is entitled.
Workers Leaving has information about what happens when a worker leave the employment of the employer.
The BusinessLink website is aimed I feel more towards Employers but you will find it contains useful information for you, as the employee as you can read about what your employer should be doing.

Generally, my feeling on it is that if having given in your notice your employer wants you to work your full notice period, then they should pay your untaken holiday. I'm not sure that is strictly legal these days but in a nannying position it can be hard to permit an employee to take leave at short notice, particularly several weeks worth of leave.

ACAS is also able to help you, they have some info on their website though what may be of most use will be their helpline, so you can talk to someone who can tell you your rights as a worker in the UK.

Please note, I am assuming you are working in the UK. If you don't, then none of the above will be of help to you as employee rights vary depending on your working location.

Given your username, if you are in the UK on any kind of Visa / Work Permit, then you will need to find out what happens following leaving your job. I expect it isn't too much of an issue as if you are on a visa it is probably for a specific time period rather than being tied to a particular employer... though please do check the terms. Assuming you are in the UK, you can get Visa advice from UK Border Agency.

You could write them a letter confirming your resignation and state my last day will be XX/XX/XXXX. I will be taking the time from YY/XX/XXXX to ZZ/XX/XXXX as paid leave. This will remind them that they owe you the 2 weeks leave and give you a further 2 weeks paid to find another job in.

Don't know why your agency says 'probably entitled' you would be entitled to 28 days including bank holidays for a full time job by law, and maybe more if stated in your contract.