holiday entitlement

[tatters]

A friend should be hopefully leaving his current job in a few months, but was wondering what happens if you leave a company half way through the holiday year after using all of the holiday entitlement for the full year, he gets pay the month worked at the end of the month so there is no working in leu (payed final pay 1 month after leaving) so how could a company get back over used holiday entitlement when they owe no outstanding wages to the employee and he does,nt want or need a reference?
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[Tonka]

It does tend to vary, but the way I've seen it most often is that the holiday entitlement is calculated as a per month figure and then pro-rated for the leaving date, so his entitlement would be say 24 days a year and he leaves 7 months into the 'holiday year' he would have earned 14 days and have taken 10 days too many. The 10 days would be calculated as the equivalent in money and deducted from the pay in the final month. Instead of receiving a full month's pay for the time worked in the final month he would receive less the holiday taken - in this example, give and take, half the normal amount. If they don't deduct in the final month they can ask him to write them a cheque / refund it or they have the right to take him to Small Claims for the amount, but to be fair it would be unlikely. He needs to know this may happen in order to budget accordingly and maybe put the money aside just incase
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[Phoenix]

As Tonka says, however many months he's worked they'll work out how many days he'd actually earned and any that he took over that will be deducted from his final pay slip.

[tatters]

[instigator]

[Tonka]

Tatters you didn't say no notice in the original post!

In this case I think it highly likely that they will pursue through a Small Claims Court, as they will not be particularly impressed and it will give them the motivation to do it. Rather depends on how much sh!t he leaves them in by quitting on the spot and the type of industry, as if this happens often they may have clear procedures in place to chase and not wish to let a precedent be set.

Worse case is if they do take him to Court will be the holiday money, a month's notice that he was contracted to give (?) and costs. Should he not pay this there may be CCJ (?) against his name which will affect future credit. This isn't just for when you want to get a loan, it could be for renting a flat, getting a new bank account etc. and lasts for a long time (7+ years, I believe). Alternatively, they may send heavies in depending on the work he does - illegal, but it happens!

Best case - they think he's a tosser and word gets about that he's not reliable. Given that there are possibly others that can step in at short notice in the current climate he might get away with it. His call, as he knows which scenario is most likely given the people involved.
____________________
'The core of a man's spirit comes from new experiences'
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[Phoenix]

No you didn't say no notice, therefore I doubt the company will let it go, depends how much he earns and how many days he's taken over his entitlement. Obviously for the sake of £50 the cost of purusing it may not be worth the effort, but they may do it anyway as they will win and claim back all costs aswell, depends on the company. I'm guessing it will be a lot more than £50 he will owe them though, it's a bad move, he should give notice and work off his unearnt holiday.