Can someone please give me an answer to my conundrum as I am not a specialist in HR or employment law!! 

If a person is still under probation, and decides NOT to turn up for work because they do not have transport, and states by e-mail the evening before (which was a bank holiday) that they wanted to "come in and talk to me as for personal reasons they wish to resign". Do I have to pay the outstanding Holiday Pay to this leaver?  The person has not been into work since other than to collect a photo of her children and drop of a key. 

Is the fact that she did not complete her notice period a breach of her contract and therefore negates the payment of the outstanding holiday pay?  I want to be fair, but this is what I am being told by someone else and I know it has happened at a place I once worked. 

I've always understood that if it is holiday pay accrued then you have to honour that payment, however if they do not serve their notice period then you can probably deduct it from that.  However, like you I'm not a legal specialist but I can recommend Ben Jenkins who is

Thanks David.  It is a really sad situation and one I would rather not be in!

Hi Fran

David is part of the way there. Upon the termination of employment, the employee is entitled to be paid any holiday pay that they have accrued up to the point of  termination but have not yet taken.  Unless the contract provides otherwise (in fact sensitive situations), there is no way round this, even where the employee is in breach of contract and/or has failed to complete the probationary period.

Has the employee taken any leave which can be deducted from the accrued leave or can the bank holiday be included in that calculation to reduce the sum owed to the employee?

Happy to discuss via PM or telephone.

Nick

Really good to talk to you again Fran.  Hope that solves your little conundrum.

Look forward to seeing you over this side of the bridge again when you can make it.

Best regards

Peter

Hi Peter, 

Thanks for your telephoine call and it was good to catch up with you briefly.  Yes it did solve my problem thank you and I am happy that I am doign what is "Right and Proper"!! to coin a good old valley phrase!

Thanks Peter.

Thanks Nick, I knew someone else better legally qualified would be able to answer in full.

David

As I'm always saying........Fran did the right thing, and asked on the forum,    David !   nay, nay and thrice nay,,     as Nick  (and I suspect Peter)  have pointed out.....some payments are sacrosanct,   and  holiday pay is one,  probationary period, sickness absence, lazy, idle etc  etc.    have nothing to do with it,  the holiday clock starts ticking the moment they turn up on the first day,     you can't even  deduct accrued holiday if they fail to work their notice.   Like VAT returns,  it's just something to deal with !     Glad it's sorted Fran!

Paul,

I am really loving your reply!  but as an accountant I quite like VAT returns - except when we all have to pay them.  Love the analogy though.

Regards

Fran

Paul

That's why I did state "However, like you I'm not a legal specialist but I can recommend" as I was not 100% on the nitty gritty

David