Employee refusing to give remaining holiday entitlement

[walthamalltheway]

My manager is refusing to give me my remaining holiday entitlement. My current post is a 6 month contract. I have tried to take up all of my holiday till the end of my contact. But I still have about 30 hours left over before my contract. Can she refuse to pay me for my holiday left over entitlement? She is demanding that I take ALL of my holiday before my contract ends. I have tried my best but I cannot as I already have a few booked appointments. What can I do?

Take the leave and let her cover your appointments?

It states in my contract that they must pay for any left holiday entitlement before my contract is terminated.

Just take the annual leave then and don’t worry about whether it suits the job or not. Take a week off at the end of the contract, for example.

That’s true, if you have any left, but it is also true that they can direct you when to take your leave. This is the same everywhere I’ve worked, and most employers ask you to take your leave, because that doesn’t cost them any more cash, and will only pay out if they have a business need not to release you to take the leave before you go.

They can tell.you.when to.take it. I had this in.december

Has a request for annual leave been declined?

The issue is that I have taken most of my leave just right at the end of my terminated contract. But I still have holiday entitlement left over.

Cancel the appointments and take your 30-hours holiday. Your employer has instructed you to take your holiday, so do that

Your employer can direct you to use your annual leave if they give you twice the notice as the number of days of leave
Eg they have to give you 2 weeks notice to take 1 week of annual leave.

If you don't use it by the end of your contract yes it will have to be paid out in your final pay.

So if you’ve taken “most” of your leave entitlement at the end of the contract, couldn't you then just take “all” of your entitlement? Ie use the 30 hrs to start you AL even earlier?
Any appointments booked are then the employer’s issue to cover.

So you want the money and not the holidays?

She told me this last minute.

I feel bad for cancelling the appointments. These are patients who have been waiting years to see a clinician (myself) and it's such short notice as I'm due to see clients today and tomorrow.

I have no holidays left to ask for ifyswim. My contract ends on the 26th of August. I have taken all of August off and the end of July.

I'm confused... you've booked holiday for all of August plus a week in July yet still have holiday left... how much holiday allowance do you get?!

I am entitled to 166.5 hours (I work part time). But I also had some carry over.

What are your company's rules around carry over? Most places say it must be used within 3 months of the end of the previous holiday year. You may find that you've now lost that leave if you didn't use it within timescales.

@mrsm43s

Yes, my carryover has already been factored in.

Ring ACAS for advice.

I think you are right not to cancel appts. The only answer is to confirm in writing the hours you could not take but need to be paid for. Copy in HR/ payroll. Quote whatever code/values they have stating to be patient centric.

Can you move anything into half days?
Otherwise I'm afraid you need to cancel and it's on your managers conscience not yours unless you fancy doing unpaid work

I don't know if you can legally enforce them to pay you in lieu of holidays. It was up to you to make sure you took all holiday entitlement before your contract ended.

Sorry but I think this is on you. You knew how long the contract was and how much AL you had. It sounds like you were trying to get paid when you had a responsibility to take it.

Employers must pay for untaken statutory leave when an employee leaves. This is required by law so can be legally enforced.

Whether they have to pay for any untaken contractual leave (i.e. where the employer offers more than the statutory minimum of 5.6 weeks holiday per year) depends on the employee's contract, but most employers do. Any contractual entitlement to pay in lieu of holidays can be enforced.

If you carried holiday into this contract can you carry it into the next contract?

If you have what seems like 5 weeks holiday to take on a six month contract.. it does seem excessive unless 10 weeks holiday is the norm for where you work...

Why should this employer bear the cost of the carried forward holiday?

Am I missing something?

Really don’t see what you mean, no, you are being frustratingly very unclear! You have taken the entire month off but still have leave left over? Do you want to take leave or be paid out? Have you had a leave request declined?