Holiday pay

Re: Holiday pay

Sal the 1st — Thu, 11 Aug 2011 22:27:11 GMT

[quote user="Nicola Russell"]

Someone at my previous practice has just handed in her notice but has 2 weeks holiday owing, so she's given 2 weeks instead of 4, but the boss is refusing to pay for holiday, is he allowed to do this?

[/quote]

ok having just re read this - yes she could be in breach of contract, if her notice was worded how you have written it, if contract stipulates a months notice and she has only given 2 weeks - it doesnt matter that she is owed 2 weeks holiday she hasnt fullfilled her contractual obligation.

Re: Holiday pay

Sal the 1st — Thu, 11 Aug 2011 22:19:10 GMT

I think a lot will depend on how her notice letter was worded - ie if she has mentioned in her notice that she is only giving two weeks notice because she has 2 weeks holiday owing then she hasnt given her employer any options and by only effectively giving 2 weeks notice she may well have left the practice in the lurch and may be in breach of contract if her contract stipulates that she should give a months notice. If she has given a months notice it is up to the employer if they decide to let her leave 2 weeks early or they make her work the month and then pay two weeks holiday pay. The decision on how the notice period should be worked is made by the employer and not the employee.

Re: Holiday pay

Fuzzyduck — Thu, 11 Aug 2011 21:19:32 GMT

Yeah the employer can refuse to let her leave after 2 weeks and make her work 4 weeks but would have to pay her for the 4 weeks plus the 2 weeks holiday so would have to pay her for 6 weeks, if that makes sense.

If he has agreed to let her leave after 2 weeks he still has to pay her for 4, there is no way he can refuse, she is entitled to it.

Re: Holiday pay

Dippy — Thu, 11 Aug 2011 20:16:33 GMT

If her contract says she has to give four weeks notice and you have staff on holiday already, iI think he would possibly be within his rights to refuse to let her actually take the leave, if for example the practice policy is to only allow one person off at a time, but he would still have to pay her for it and in that caseshe would have to work her four weeks notice but then get paid for 6wks in (ie the four weeks worked plus the fortnight's untaken holiday). That's the only way I can see that he could legally get around it but either way, if her contract says what her leave entitlement is, he has to pay her for it.

Re: Holiday pay

Nicola Russell — Thu, 11 Aug 2011 19:42:30 GMT

thats what i thought but was totally fine with me lol. He even paid me holiday even though i had only been there 3 months and hadn't signed a contract. He always blamed the others when someone left

Re: Holiday pay

Stuart McQueen RVN MBVNA — Thu, 11 Aug 2011 19:19:29 GMT

Don't employers stop talking to employees when they hand their notice in? haha

Re: Holiday pay

Nicola Russell — Thu, 11 Aug 2011 18:59:26 GMT

[quote user="Steph Worsley"]

is there some disagreement with the amount of holiday owed?

[/quote]

No there's no disagreement, we think he's just being difficult. He hasn't spoken much to her since I handed my notice in and is just trying to make life difficult.

Re: Holiday pay

Gemma Preston — Thu, 11 Aug 2011 18:58:56 GMT

No they have to pay for the 2 weeks holiday oweing, they can decide whether they pay 4 weeks and let her leave in 2 or if they make her work 4 weeks with 2 weeks additional pay at the end.

http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788

Re: Holiday pay

Steph Worsley — Thu, 11 Aug 2011 18:37:09 GMT

is there some disagreement with the amount of holiday owed?

Re: Holiday pay

Vicky RVN — Thu, 11 Aug 2011 17:48:26 GMT

She should either work the 4 weeks and get paid the holiday due, or work 2 weeks with 4 weeks pay. Sure they can't get away with paying her only 2 weeks?

Re: Holiday pay

Stuart McQueen RVN MBVNA — Thu, 11 Aug 2011 17:08:18 GMT

I'm not sure of the legal stance, but I would have thought that as far as the practice is concerned the nurse leaving should be paid for the 4 weeks notice.... it shouldn't make a difference that they will only be there for 2 of the 4 weeks?!