Unused Annual Leave

404909 · Post by **404909** » 30 Nov 2016, 06:42

I'll potentially be leaving Royal Mail at the start of the new year to start a new job after being year for 1.5 years, I have 16 days of Annual leave that I still haven't been able to take. Will I be entitled to any payment for these?

Post by **TrueBlueTerrier** » 30 Nov 2016, 15:02

404909 wrote:I'll potentially be leaving Royal Mail at the start of the new year to start a new job after being year for 1.5 years, I have 16 days of Annual leave that I still haven't been able to take. Will I be entitled to any payment for these?

yes - if you have accrued enough statutory leave. https://www.gov.uk/holiday-entitlement- ... ving-a-job" onclick="window.open(this.href);return false;

Getting paid instead of taking holidays
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).

If an employer offers more than 5.6 weeks’ annual leave, they can agree separate arrangements for the extra leave.

Anything beyond the statutory leave should be agreed at the time of your resignation.

However, if 16 days is the amount left from a full years entitlement, then you won't have accrued enough as you won't be working a full year. In fact if you resign in the new year you will have only accrued roughly 3/4 of a years entitlement so you may have only 10 or 11 days available.

404909 · Post by **404909** » 13 Dec 2016, 14:38

TrueBlueTerrier wrote:
404909 wrote:I'll potentially be leaving Royal Mail at the start of the new year to start a new job after being year for 1.5 years, I have 16 days of Annual leave that I still haven't been able to take. Will I be entitled to any payment for these?
yes - if you have accrued enough statutory leave. https://www.gov.uk/holiday-entitlement- ... ving-a-job" onclick="window.open(this.href);return false;
Getting paid instead of taking holidays
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).

If an employer offers more than 5.6 weeks’ annual leave, they can agree separate arrangements for the extra leave.
Anything beyond the statutory leave should be agreed at the time of your resignation.

However, if 16 days is the amount left from a full years entitlement, then you won't have accrued enough as you won't be working a full year. In fact if you resign in the new year you will have only accrued roughly 3/4 of a years entitlement so you may have only 10 or 11 days available.

Sorry about bumping this, but how will I go about claiming this? I will be leaving in January.

Post by **TrueBlueTerrier** » 13 Dec 2016, 17:05

Ask for it when you resign, or better include a request for it in your resignation letter, hopefully it will be an automatic process, but at least you will have documentary evidence should a problem occur.

404909 · Post by **404909** » 13 Jan 2017, 18:15

Final question, I should also be entitled to annual leave carried over from last year and also annual leave days I was given in lieu of pay on bank holidays right? Just want to make sure I get everything I should be entitled too.

Post by **TrueBlueTerrier** » 13 Jan 2017, 19:08