Resignation And Holiday Time Accrued

[eve1974]

Hi -
If someone resigns and has outstanding holiday to take can the employer force them to work it or can the employee insist on taking the accrued holiday before their final day?

I realise the employer must pay the employee if they work their accrued hol time but wonder if the employer can insist they do this instead of taking the time off.

THANKS IN ADVANCE!

[Buenchico]

Normally an employer can't pay an employee in lieu of taking holiday. (Certainly not if that holiday forms part of the statutory minimum anyway).

However when an employee is about to leave an employer's service, the employer can offer to pay them in lieu of taking up their holiday entitlement. However the employee isn't obliged to accept that offer and remains entitled to take the (paid) time off anyway.

[Ellipsis]

No, they can't be forced to work it. Perhaps there's a rare scenario in which they can, e.g. discretionary holidays given in excess of the statutory 28 days, but in normal circumstances the holiday can be taken.

[eve1974]

Thank you to BOTH of you!

[Old_Geezer]

You're doing it all wrong. Tell 'em you've got a job with their rivals. Find yourself escorted off the premises immediately at your employer's insistence. Get time off and paid for the missed leave.