Holiday and Contract

Hello,

I wonder if you can help me. I am looking to leave my job; my contract of employment states that:

"The annual holiday entitlement, running from January 1st each year, is 22 days in addition to all bank holidays."
“The notice period will be one month for both parties, employee or employer.”

I have already booked the last 10 days holiday of my holiday allowance. If I were to hand in my notice now the holiday will fall within my one month notice period. This holiday has been booked, and authorised by my manager for over a month now.

I have a feeling that my employer will dispute the holiday as soon as I and in my notice. I think he will say the company holiday is pro rata, although the contract does not state this – and I have not seen it written down anywhere else.

I want to try and sort this out without it getting complicated. But I was wondering how I stand from a legal perspective.

Hopefully you will be able to give me some advice. Thanks for any help in advance.

Regards

Not sure what you mean by your employer 'disputing' your holiday? Do you think they will cancel it or something?

If your annual holiday entitlement is 22 days plus bank holidays, then if you leave in a month's time you will be entitled to almost 9 months's worth of holiday. Some companies work out holiday for leavers based on complete months worked, so it may be 8 months' worth. So that would be 15 days. Are you saying if you go ahead with your holiday booked that you will have taken more than 15 days? If so, you need to either cancel some of your holiday (assuming you will not be away), or your employer will probably deduct from your final salary any holiday taken over and above what you've accrued.

Is that what you mean? It's not necessary to specify in a contract that if you don't work a whole year you don't get a whole year's holiday entitlement, although most contracts do say something about holiday for leavers.