Notice period and annual leave

[Askingforafriend111]

I'm asking this on behalf of a friend if anyone would be kind enough to help

Theyve handed in their notice and are due to leave 7th june. However his last actual working day is May 19th as he has 2 weeks holiday booked. The weeks have been booked for months.

His employer are saying his holiday would only accrue to May 19th. He doesn't have enough leave to take the full 2 weeks holiday by the time he leaves, only approx 5 days (so half of it).

What date should his leave be accrued to?

I would presume he would accrue holiday whilst on 2 weeks annual leave but I'm no expert.

7th June. He's employed until that day.

How much leave do they get in a year, how much has been taken and when does the leave year start and end?

Even if leave accrues up to the 7th June though, it's unlikely they are going to accrue another 5 days leave in that time. They will probably have to take some unpaid days.

7th June. If his employer only lets him accrue until May 19th then this would fall under unlawful deduction of wages.

He will accrue annual leave until his last day, 7th June. However, he won’t accrue 5 days leave over a two week period. I have 26 days annual leave so accrue 0.5 days a week, another two weeks would only accrue me one extra day.

What date should his leave be accrued to?

7 June, HTH

If your df's annual leave year spans 1 April of one year to 31 March of the following year, he will be able to take AL accrued 1 April - 7 June as well as any leave he brought over from last year (some employers allow this).

'his holiday would only accrue to May 19th.'

Not True. Last day of employment would be 7 June as per notice period. Holiday accrues up to this date, as per his holiday allowance.

It is pro rata for the part year he has worked. So while he may have been allowed to book 2 weeks off and be paid for them when he was intending to work the full year, he may not have accrued enough for all those days to be paid. He should be given the chance to take them as unpaid or end employment sooner.

Use this calculator to check what he has accrued.

www.gov.uk/calculate-your-holiday-entitlement/y

We would accrue until end of notice period and then if they have taken more leave than entitled too, it is deducted from final pay.

Thanks everyone that's really helpful and as I thought too.

He's happy to take the remainder unpaid but doesn't agree that the accrual should end 19/05 which seems to be in agreement here too.

Has anyone got any links we could send the employer to tell them how to do their job properly 🤣

That information should be in his contract.

www.personneltoday.com/hr/notice-periods-uk-law-top-10-questions-from-hr-professionals/

talks about accrual of minimum vs contractual entitlement however the employer has to follow one rule or the other and can’t just say accrual will cover part of the notice period, plus unlikely he will hit 28 days annual leave (statutory minimum) by 19th May anyway.