If you leave your job, and have several days holiday left, how can you be sure to get them?

For example, you have a 1 months notice period, and you have 15 days holiday left, you probably can't use all of that, so should you be "paid" the days that you can't use?

Should it equate to 1 day of regular pay for each holiday day you don't use? How can you calculate what it should be (on salary)

1 Answer 1


Yes, in such a case, an employee is entitled to either take the holidays or payment in lieu of the holiday days. I would imagine a combination is also reasonable.

I found that answer at Directgov, the website of the UK government. Specifically see Taking your holiday: Directgov - Employment. Here's the relevant excerpt:

When you leave your job

When you leave a job - for whatever reason - you can take the statutory holiday entitlement that you have accrued up to the time you leave during your notice period, as long as you give the right notice and your employer agrees.

You also have the right to be paid for any untaken statutory holiday entitlement that you have accrued.   [emphasis mine]

I also found another good reference at Adviceguide - Employment In England - Holidays and holiday pay. It goes a little deeper:

Leaving your job

If you have not been able to take all the holiday you have built up before your job ends, you have the right to pay instead of the untaken holiday. Your employer should pay you for all the holiday you have built up. If you have an agreement with your employer, which says how much pay you will get instead of untaken holiday, you may get the amount in this agreement. If your agreement with your employer does not say how much pay you should get, the rules on how much pay you should get for untaken holiday are complicated and you should seek further advice.

If your employer refuses to pay you for untaken holiday

Your employer may refuse to pay you for untaken holiday if you are leaving or have left your job. If you are in this situation you can enforce your right to pay for untaken holiday at an employment tribunal. If you are in this situation you may have to raise a written grievance with your employer first. [...]

I hope that answers your question.


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