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Guides › Work and Employment › Holiday Pay When You Leave a Job

Holiday Pay When You Leave A Job

When you leave, your employer must pay you for any statutory holiday you built up but did not take. This is the only time statutory holiday can be paid instead of taken, and it applies even if you were dismissed for gross misconduct. If you took more holiday than you had built up, your employer can only take the difference from your final pay if you agreed to that in writing beforehand.

Rules checked against the official sources listed below General information, not legal advice

At A Glance

Paidfor untaken statutory holiday
Gross misconductdoes not cancel it
Overtakenholiday only deducted if agreed in writing

Your Rights

What the rules say, with a link to the official source for each.

The Rules

  • Payment in Lieu

    The only time you can be paid instead of taking statutory leave is when you leave. Employers must pay for untaken statutory leave even if you are dismissed for gross misconduct. source

  • Using It Up in Your Notice

    You may be able to use up remaining leave during your notice period. source

  • Extra Holiday

    Holiday above the statutory minimum is paid according to your contract. source

Time Limits to Know

Miss a deadline and you can lose a right. Check the dates on your own paperwork.

  • 6 months
    Tribunal time limit (minus 1 day)If pay was due on or after 1 October 2026

Steps to Take

Step 1 of 4

Work out the holiday you built up in this leave year and how much you took.

Step 2 of 4

Check your final payslip for the holiday payment.

Step 3 of 4

Write to your old employer if it is missing or wrong.

Step 4 of 4

Tell Acas and claim at a tribunal if they still do not pay.

(Tap the numbers to reveal steps)

Where to Go If It Is Not Put Right

Your options, in order, and when each one applies.

Acas Helpline

Free and confidential. 0300 123 1100, Monday to Friday, 8am to 6pm.

Acas Early Conciliation

You must tell Acas before you make most tribunal claims. It is free.

Good to Know

Small things that make your complaint stronger.

Rules here are for England, Scotland and Wales. Northern Ireland has its own employment law, the Labour Relations Agency and industrial tribunals; see nidirect.

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Luke Marley

Lead reviewer

Luke Marley

Founder and Lead Reviewer

Luke founded CPUK in 2026 after seeing how hard it is for ordinary people to get problems with companies put right. He oversees our guides and checks them against official sources.

Research by Katie Burt, Co-founder and Operations Lead (17 years in the care sector, including managing services for vulnerable adults), and the CPUK Research Team. Researched with AI-assisted research tools, then checked and corrected by our team.

Last checked: 15 October 2026. We are not paid by the companies we write about. Adverts never affect our guidance. Read our editorial policy.

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