Forum menu
If you are to be laid off (seasonal work) but will have accrued leave that you have not taken, can your employer force you to take it, or can you work up the end date and claim pay in lieu of that leave?
I realsise it may be likely down to negotiation but I'd like to know the default position (which I suspect is the former).
In time-honoured tradition, I will now google for the answer 😛
Oh and I've not been given a written contract nor any discussion of this in verbal contract.
sounds like negotiation then.
Not normally any hard/fast rules unless they are written down. Depends if they want more work or shot of you really
I think they can make you take it. Getting paid in lieu of holidays is at the employers discretion, as I understand it.
If there is no written contract, I would be happy they are even letting you do this and enjoy the paid time off.
Papa_Lazarou - MemberI think they can make you take it. Getting paid in lieu of holidays is at the employers discretion, as I understand it.
If there is no written contract, I would be happy they are even letting you do this and enjoy the paid time off.
Sorry, I should have said, 29 days' leave pa was agreed verbally. I don't know what he'll want - in theory I'm only here so the boss can work part time and have long weekends off all the time, not sure whether he's more bothered about his time or money in paying me.
A clause from an Agreement used where I work:
X's employment with Y will terminate on D ("the Departure Date"). Y will pay X's salary and benefits up to and including the Departure Date. X is required to take any annual leave due to him/her before the Departure Date. X’s P45 will be issued to him/her and, save as set out in this Agreement, all contractual benefits will cease with effect from the Departure Date and no further payments or benefits are due to X unless specified in this agreement.
... but everything in life is negotiable!
The only time it really makes a difference is if you have another job lined up immediately after the other one finishes and you want to start work immediately. In that situation when you're being forced to take holiday (usually they tag it onto the last x days of your notice period) you can't technical start the new job as you're still in contract.
If that's not the case, then whether you get paid it or take it, makes no difference.
It may make a difference to me in a different scenario - I'd rather have the money than the leave if I hae nothing to go to.
It's discretion if they pay you both parties have to agree.
It may make a difference to me in a different scenario - I'd rather have the money than the leave if I hae nothing to go to.
If you have nothing to go to, then you won't be losing out. Either you will be getting paid up to your last day of work after which you won't be working or you will get paid say two weeks before your last day of work in which case you won't be working either. You will either have two weeks paid leave or the first two weeks of your unemployment but with two weeks pay in the bank.
It's precisely in that situation that it makes no difference.
It only makes a difference when you have another job lined up and are forced to take holiday between the two because you can't work for two companies at the same time.
Does that make sense?
It only makes a difference when you have another job lined up and are forced to take holiday between the two because you can't work for two companies at the same time.
You see I'd be ignoring that bit, so it could matter.
Ah OK, in which case it would make a difference.
You need to be careful dong that. You can't hide the fact that you'd be working for two companies at the same time as it will show up on your P45 and your new employer may take a dim view, not to say the complications with the tax man.
Do you want/need the money that much that you'd potentially jeopardise your new job?
I wondered after I posted if that would be the catch. Sounds best not to **** anything up!
It's where STW proves invaluable 😀
Good luck in the new job.
I don't have one yet 🙁