Employment Lawyers Can Answer Your Employment Law Questions
February 28th 2014, and yes it is my minimum holiday entitlement.
Many thanks for your patience. What the company is doing is illegal. It does not matter how you have left, whether you resign, were made redundant or sacked, even for gross misconduct. Any accrued holidays for the current holiday year are a legal entitlement and you are legally due to be paid for them when you leave, regardless of the reason for leaving. The employer cannot remove the right to receive these holidays. As long as you have accrued holidays that have not been taken at the time you leave, the employer must pay you for these. If they did not want you to leave with outstanding holidays they have the power to force you to take these holidays at any time before you leave, including as part of your notice period. However, if they have not told you that you are to take them and you have not taken them and they remain outstanding, then you must be paid for them when you leave. If they refuse to pay you then it would amount to an unlawful deduction from wages and you can make a claim in the employment tribunal to recover what you are owed.
many thanks, Ben !