Holiday Pay

I have been made redundant from the company I work for. I have 16 days annual leave from the last financial, which I couldn't / didn't take for various reasons. Company policy is that only 4 days can normally be carried forward to the next working year unless the director of your division agrees. However there is nothing in my contract about this arrangement - it simply says I will be paid any leave due when I leave and if I have taken more leave that I am owed I pay it back. Where do I stand with this issue?

Hi Probablygone

When you say it is company policy to limit the amount of holiday that can be carried forward, I assume it is in a handbook or something similar. Unless that contradicts something written into your contract (which it doesn't sound like it does), then your ex-employer will be able to rely on that.

It is worth noting that under the new statutory holiday rules, employees must take at least 4 weeks' holiday in the holiday year and can only carry forward any remainder (currently 1.6 weeks, or 8 days for someone who works a 5 day week).

In the circumstances, I would try to argue for payment on the basis that you have nothing to lose.

Hope that helps

Pete