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Do i still pay holiday pay if my employee quits?
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Do i still pay holiday pay if my employee quits?

he has worked for 8 months and just walked out , he has taken no holidays in that time .
am i still liable to pay holiday pay .
i'm not shy of paying it .in contract it was 1.6 days a month


Michael H
yes, pro-rata.

Assuming you are in the UK, then the other answers are wrong. The person has earned the holiday pay on a monthly basis and you have to pay them, even if they are sacked for gross misconduct, they ahve still earned the holdiay pay. Pretty much like you have to pay them wages up to the day they walk out.

Paul Rules
If they've broken contract and not given notice you dont pay them anything!

Pink Laydee
No you dont have to give him a penny.

Hmmm it depends. If he has complied with your policy on giving notice and his contract does not stipulate the impact for annual leave, then you must pay the entitlement for each full month employeed. However, if he breached his contract and did not give you the necessary notice period, then you are not liable (under UK law).

May I suggest you look at www.DWP.gov.uk for more info (if in the UK)

If an employee walks out without giving notice then you only have to pay them out the difference between the notice period and what holiday leave they have left

How much notice was he required to give you? If this is not stated in his contract, then the statutory minimum of one week applies. He broke his contract without giving notice, so you are entitled to retain a week's wage - set this off against the holiday pay due and pay him the difference.

John T
in Australia it depends whether the employee was casual or permanent if only casual they should receive a loading normally 15% on top of the hourly rate if full time then the holiday pay is due

why? most places require you to work the day before, and after a holiday.
regular hrs, not weekends.

no because he just did you wrong.
so now just pay him the days he did work.

If they walked out without giving you any warning you do NOT pay them anything that they earned since the last pay day. As they took no holiday, you can keep the money as THEY owe YOU money by rights.

Tufty Porcupine
I wouldn't voluntarily pay holiday pay.
He has, as has been said, broken the terms of his contract by not turning up for work without giving notice. Let him request the holiday pay - I'd be surprised if he pursues it.
If he does - suggest that he take the matter to court and that if he does you will issue a counter claim for the loss of business and additional expense of short-term cover behind him (it's a bit of a bluff, but I bet it'll work). It is not an adequate defence on his part to claim that he left early by taking a week's annual leave. If he did not give you advance notice of his intention to do so he is in breach of his contract.

The answer below from Michael H is factually incorrect. If the person had been dismissed the situation would be different and you would be required to pay all outstanding money owed up to that point. However, this is not the case. This employee has left owing you at least one weeks' labour and in breaking his contract is liable to be sued by you in a court of law.
My advice stands - do not pay it, wait for him to make a claim.

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