# holiday entitlement and notice period



## binka (Jan 16, 2013)

i've started looking for a new job and had a voicemail left on my phone today from somewhere i applied to - hopefully they're going to offer me an interview. anyway our holiday period runs up to the beginning of april and i have 15 days left to take. got the last week of jan, feb, march already booked but if for example i was to hand my notice in at the beginning of feb (1 months notice) can i insist that they give me the final two weeks of feb off? or can they make me work it and presumably pay me for the days i didn't take?

i'm hoping to have some interviews in the next few weeks and it might be handy to say that i can start work in two weeks rather than three or four.


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## Puddy_Tat (Jan 16, 2013)

depends on the small print in your contract and custom and practice at your workplace.

some jobs will not do pay in lieu of holiday if you quit, some are quite happy with it.

I don't think they can insist on you having pay in lieu of holidays.

bear in mind that your annual holiday entitlement would be pro-rata to the number of months in the holiday year you work, so (for example) if your leave entitlement is 24 days a year, and you leave at the end of february, you'd only be entitled to 22 days' leave in the 11 months April to February.

I'm also not quite sure how you'd stand, as if you were on holiday from job A and working for job B, you'd technically have two employers for that week.  I can't see it being a big issue, but if one contract doesn't allow you to work for another employer at the same time, you may have a difficulty.


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## binka (Jan 16, 2013)

i was hoping that becuase its a statutory entitlement then whatever i have left to use i am within my rights to insist i am allowed to take it regardless of what may be in my contract. may have to go and dig out my contract now


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## equationgirl (Jan 19, 2013)

binka said:


> i was hoping that becuase its a statutory entitlement then whatever i have left to use i am within my rights to insist i am allowed to take it regardless of what may be in my contract. may have to go and dig out my contract now


What does your contract say? 

Normally you accrue holiday at the rate of X days per month, so if you leave part-way through the year then multiply the holiday accrual rate by the number of months you have worked, then take away how many days holiday you have taken, and that should be the amount you are owed, depending on your contract.


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