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Can a company withold holiday money owed to me if i dont work out my notice?
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Can a company withold holiday money owed to me if i dont work out my notice?

I am due to leave in january but i am thinking of leaving before as they already have someone to take my place, however someone said they can withold my money, can they??

thanks in advance
Additional Details
on my wage slip it states they owe me 64 hours holiday which needs to be taken before march/april but am leaving in jan as i have a new job


    




Steve B
My understanding is that they can count your holiday as part of your notice period.

So if they owe you eg. 2 weeks holiday and your normal notice period is one month, and you leave after working only 2 weeks (or less) of your notice, then they can count the remaining 2 weeks as holiday ..

HOWEVER most places will agree with you not to work your notice = after all, why would they want some-one who is leaving walking around setting a 'bad example' for other staff (or worse, speaking to customers ..) ... ESPECIALLY if they have reason to think you are going to a direct competitor and getting paid more money ..

So, IF they say they want you to go immediately (or early), they are likely to pay both 'money in lieu' AND your holiday ..


Suki Boo
Rating
Erm yes

Holiday is accrued through the year - be lucky they don't take more than what you have left though!


Stevie
I've left a few jobs without working the full notice and i always got my Holiday pay...but as far as i know they have the right to not give you it if you don't work the full notice


mvick52
yes they can. You will need to ask if you can do this? Otherwise you have broken the contract.


The Hooded Claw© 67dtg
Not certain but I would imagine that they could withold it if you don't work out your (contractual) notice period.


Wamibo
Rating
UK Law requires you as an employee to give your employer at least one week's notice where you have one month's service or more, but this does not increase with your length of service. But the law stipulates both you and your employer may agree to a different period of notice than the statutory amount as part of your contract of employment.

Hence if you fail to work your notice because in law YOU have broken YOUR contract of employment, your employer is no longer bound by that contract of employment either. So they could withold any amount of your wages they may contend you to be liable for. The amount
could indeed be equal to your unpaid holiday money.


acermill
Rating
Your current employer is under no obligation to pay you these 'benefit days' if you do not work for them sufficiently long to fill the requirements for the pay. Benefits are not a right. They are a luxury offered at the behest of the employer.


Ollie
Hi,if you leave with out working your notice then yes they can.
Can you go on the sick the first week you can put in a self certified sick note.Then see if your doctor will give you one.Good Luck


v b
You will get paid for accrued vacation days.

"Holiday days" are for paid holidays like 12/24, 12/25 and 1/1--these generally require that you be an employee in good standing and actually work the days immediately before and immediatly after them to get paid.

Accrued sick days won't be paid either.


Ruphus B Tripehound
Rating
they can by law sorry work that notice


no idea?????
Rating
no they cannot you are entitled to 4% of your gross earnings for the time frame involved.6%if you have 5 years or more. when a emoloyee chosses to resign they are entitled to all payments due after 3 days. not the next company paycheck . good luck to you , stress issue here ? your health will improve you will make out fine


mrsc
if you are going to leave early then take it as holidays.


Angie
Rating
They are not going to pay you beyond your last day of work. So if you have holiday pay coming, you need to work at least one more day after the holiday.


drewy monster
its your entitlement no they cannot


Miffed
What happens when the company that you work for are under administration. The administrators are paying for the wages. The contract says 1 months notice is required after a period of 6 months and that six months has passed. Have taken holiday entitlement already or most of it and only have 3 days holiday left. What would happen if one weeks notice was given. Would I ever get the weeks pay after working the week ? Would they withhold the pay. Also the bosses wife has taken over and is taking charge and life is getting uncomfortable. Whats the best way to deal with that ?





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