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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 5921
Experience:  Owner at James Bruce Solicitors
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I am planning on resigning from my full time job at the end

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Hello,
I am planning on resigning from my full time job at the end of this month. I have 3 months notice to give, and have 17 days left of 2021 holiday to take that they are refusing to give me this side of Christmas.
I am assuming they wouldhave to pay me for any untalented leave. Is that correct?
Thank you.
Carla Costa
Customer: replied 18 days ago.
Untaken leave, apologies

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Yes you are correct. If the employer will not allow you to take any accrued holiday by the end of the year, then it will carry over to next year and would be payable when you leave.

The government  brought in special laws to allow holidays to be carried forward for up to two ears because of covid19, so you will not loose out.

Customer: replied 18 days ago.
Thank you. My employer isn’t letting people carry forward accrued 2021 days into 2022. Does that change your answer?

In 2020, the government introduced a law allowing employees and workers to carry over up to 4 weeks' statutory paid holiday into their next 2 holiday leave years. This law applies for any holiday the employee or worker does not take because of COVID-19.

Reasons for this could include:

they're self-isolating or too sick to take holiday before the end of their leave year

they've had to continue working and could not take paid holiday

The law also applies to people who were on furlough and were not able to reasonably use all their holiday in their holiday year.

They can choose to pay you now for the accrued holiday, or let you take the time off. Otherwise they must by law allow it to carry forward.If they refuse to pay, you su them and they will loose.

The Working Time (Coronavirus) (Amendment) Regulations 2020 amends the Working Time Regulations 1998 to create a further exemption relating specifically to COVID-19.

Where it is not reasonably practicable for a worker to take some, or all, of the holiday to which they are entitled due to the coronavirus, they have a right to carry the 4 weeks under regulation 13 into the next 2 leave years. This will not apply to the 1.6 weeks under regulation 13A leave, but this can be carried forward one year by agreement between workers and employers.

Therefore inform your employer of the law and tell them if they do not allow th time off now, or pay you now, they must carry them over. If they refuse you will sue them.

Can I assist or clarify anything further?

Customer: replied 18 days ago.
This is very helpful, thank you so much. If I need to speak to you further on this, can I contact you here again?

Of course you can, simply come back to this question and it will link straight through to me.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 18 days ago.
Thank you very much. You’ve been really helpful. Enjoy the weekend.

Thanks and you, take care stay safe.

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