Internal policy - v - employment contract

[oldbloke1]

I left my employer on amicable terms in Feb 2013 to move to a new job and while in the same field of expertise it is not in competition with them.

I worked the contractual notice period of 3 months and all seemed well. On the old employers pay day one month after I left, I expected to be paid the outstanding leave that I was due. I was so busy during the employment and working overseas, I couldn't take the time I was allowed. However, as I handed in my notice in November (2012) and the 3 month period took me to Feb 2013 the employer's HR said that the year end of 31 Dec was passed and I wasnt allowed to "carry over" the leave and therefore it was lost - so they didnt pay me.

I pointed out to the HR person that I wasn't "Carrying over " any leave as I was leaving for good, but they refuse to change their stance saying it was internal policy that only certain leave could be carried over with permission, which I hadn't sought. I also pointed out that I couldn't take the leave due to comitment to their business, but as you can guess, they don't think that was their responsibility.

Their final word is that I should have anticipated being employed by them over the end of year cut off and sought permission to carry the leave over into 2013.

Do I have a fair claim to say that the 3 month contractual demand out weighs their internal leave policy, which is designed to manage manpower during periods of high demand, and therefore by law I had to remain past the cut off date and legally the time owed should have been paid. The leave allocation was not a benefit but is writen into the employment contract we both signed. The contract does not mention the carry-over leave policy under the paragraph of "notice periods"

My next course is to write to my old boss directly rather than the HR department and request payment.

Any advice welcomed

PS: It's one of the so called Big 4 and like the other 3, they seem to be believe of the "BIG" title.

Thanks
Old Bloke 1

[mariefab]

Re: Internal policy - v - employment contract

I'm afraid that, unless the contract stated that any untaken leave will automatically be carried over to the next year, or you have documentary evidence that you both requested and were refused the holiday during yor notice period, the employer is correct. The default legal position is use it or lose it.

[charitynjw]

Re: Internal policy - v - employment contract

http://www.legislation.gov.uk/uksi/1...lation/13/made

Reg 13

(9) Leave to which a worker is entitled under this regulation may be taken in instalments, but—

(a)

it may only be taken in the leave year in respect of which it is due, and

(b)

it may not be replaced by a payment in lieu except where the worker’s employment is terminated.


This has been modified by the Working Time Directive.
If contractually stated, a period of 1.6 week's additional leave can be carried over (not any of the 5.6 statutory weeks, which must be factored first)
Reg 13a