Do I get paid for unused holidays when I leave a job?

Under the Working Time Regulations 1998, employees accrue statutory holiday (5.6 weeks per year for a full-time worker) from day one of employment. When your employment ends, your employer must pay you for any statutory leave you have accrued but not taken. This payment is called 'holiday pay in lieu' and is calculated on the same basis as normal holiday pay.

Accrued holiday pay on termination is calculated pro-rata to the portion of the leave year worked. If you work full-time and the leave year runs April to March, and you leave in September having taken 10 days of your 28-day entitlement, you are owed pay for (14 – 10) = 4 days. Your employer cannot simply refuse to pay — failure to pay is an unlawful deduction from wages.

Employers can require you to take accrued holiday during your notice period (with the correct notice under WTR 1998 reg.15). But if there is not enough notice time for you to take all accrued leave, they must pay for the remainder. Your contract may give you enhanced holiday above 5.6 weeks — any contractual entitlement is governed by the contract terms.