If you have no contracted notice period, the statutory notice you have to give is at least one week. But if you are entitled to (for example) 25 days holiday a year and still have 19 days left pro rata, what is the standard procedure, assuming time travel is not possible? I guess that's where the "at least one week" comes in to play? Work one week and be paid for 19 days after that taken as holiday?

Are there any set regulations for these or is any of it discretionary and down to the company to decide? Could they make you forfeit any pro rata holiday entitlement?

  • You are asking for legal advice. please read: workplace.stackexchange.com/help/on-topic – François Gautier Dec 8 '16 at 15:55
  • @FrançoisGautier I asked a question before for similar advice (regarding the minimum notice period) and had no probems. I'm not asking for specific or personal legal advice for myself, I'm asking what the regulations are as I couldn't find them, and toadflakz kindly found them for me. – Lyall Dec 8 '16 at 16:13
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    This should easily pass the "What a HR manager should know" test. – James Fenwick Dec 8 '16 at 20:38
  • @Lyall I'm glad you can get an answer. However, this forum is meant for a certain kind of questions. Since you are asking regulations in the UK, maybe your question could be migrated to law.stackexchange.com ? – François Gautier Dec 9 '16 at 13:36
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    @JamesFenwick I see - thanks, and will bear that in mind if I have any future questions – Lyall Dec 9 '16 at 15:50

They have to pay you out.


From above linked site:

The only time someone can get paid in place of taking statutory leave (known as ‘payment in lieu’) is when they leave their job. Employers must pay for untaken statutory leave (even if the worker is dismissed for gross misconduct).

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In the UK, you would usually take that holiday as part of your notice. That said, ensure you leave enough time for a handover before you disappear. For example, work a month's notice, take your month of paid leave.

Of course, the law says you can quit with a week's notice and get paid the holiday if you want (see toadflakz's response), but good luck getting a reference after pulling that stunt.

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    Absolutely - I was asking about the legalities rather than the practical side. Personally I would feel guilty leaving my colleagues with not enough time to find a replacement (we are a small team). – Lyall Dec 8 '16 at 14:24
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    @JohnHC. On the contrary, some companies won't approve holiday in your notice period once you've handed in your notice, to maximise handover time, and prefer to pay in lieu. It depends on the industry, length of service, etc. – user52889 Dec 9 '16 at 20:25

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