HOLIDAY PAY ON TERMINATION CLAUSE
On the termination of your employment, you will be paid in lieu for annual leave accrued but not taken in that holiday year only (except where you were on agreed garden leave during your notice period and you could have taken that accrued annual leave during your garden leave period but you failed to do so). Unless you have the statutory right to carry forward some or all of your annual leave entitlement from a previous holiday year, on termination of your employment, you have no right to be paid for annual leave accrued but not taken in previous holiday years Where you are entitled to a payment in lieu of accrued but untaken annual leave, the amount of such payment in lieu shall be 1/260th of your [full-time equivalent] [basic salary/normal remuneration in the last 52 weeks of your employment] for each untaken day of your annual leave entitlement. [For the avoidance of doubt, the following elements of pay form part of normal remuneration in the 52 weeks before the date of termination of your employment, so will be included in the calculation of your accrued annual leave payment if you received them: (a) payments, including commission payments, which are intrinsically linked to the performance of tasks which you are contractually obliged to carry out; (b) payments for professional or personal status relating to length of service, seniority or professional qualifications; and (c) payments, such as overtime payments, which have been regularly paid to you in the 52 weeks preceding the calculation date ] However, in the event of the termination of your employment for gross misconduct or in the event that you give inadequate notice to terminate your employment or you leave before your contractual notice period has expired, you will only be entitled to receive a nominal payment in lieu of £1 in respect of any accrued annual leave This relates only to any contractual annual leave provided for in your [contract of employment/written statement of employment particulars] that is over and above the statutory annual leave entitlement
If, on the date of termination of your employment, you have taken more annual leave than you have accrued in that holiday year, you will be required to reimburse the Company in respect of such unearned annual leave and the Company shall be entitled as a result of your agreement to the terms of this contract to deduct the value of the unearned annual leave from any final payment of salary made to you The amount of any such deduction from your salary shall be 1/260th of your [full-time equivalent] [basic salary/normal remuneration in the last 52 weeks of your employment] for each unearned day of annual leave. [Normal remuneration is calculated as set out above ] You expressly consent to any such deduction pursuant to Part II Employment Rights Act 1996
Forhundredsofother professionallydraftedand regularlyupdateddocuments, requestademoof EmploymentEssentials.