5. Taking holiday before leaving a job

During their notice period the worker may be able to take whatever is left of their statutory annual leave.

Use the holiday entitlement calculator to work this out. How much they get depends on how much of the holiday year has passed.

Taking more leave than the entitlement

If a worker has taken more leave than they’re entitled to, their employer must not take money from their final pay unless it’s been agreed beforehand in writing. The rules in this situation should be outlined in the employment contract, company handbook or intranet site.

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.

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