Holiday/Leave Question When Leaving a Job

[Piperette]

Hi,

I was wondering if someone could please help with a problem I have.

I have a UK contract, which states I have 25 working days leave entitlement per calendar year. It then states in the next paragraph that "payment will be made for any holidays not taken at the time of termination of employment, with effect from 1st January".

I am therefore assuming that if I hand in my notice and haven't taken all my accrued holidays, I will be paid any holidays owed with my final pay. Now someone has mentioned to me that the employer can force me to take this holiday in my notice period. Is this correct? Surely with the clause above in my contract they can't just do things as they please?

Any help would be much appreciated.

 

[MrsRH]

you could phone ACAS for independent advice
sounds like they can't force you to take holiday if it is stated in your contract.
xxx

 

[aly888]

I think iv heard that some places do try and make you use up your holiday during your notice period coz then they dont have to pay you twice,iykwim?it should be your decision though,but I would contact acas to be sure!! X

 

[Cham]

They can actually enforce your holidays if they give you the correct notice, so beaware of that.

Remember that you accrue annual leave up until your last day, so if your leave year is 1st Jan, you should have (up until 1st April) about 6 days (minus any you've already taken).