ANNUAL HOLIDAYS ACT 1944 - SECT 4
Holiday pay where holiday is not taken
ANNUAL HOLIDAYS ACT 1944 - SECT 4
Holiday pay where holiday is not taken
4 Holiday pay where holiday is not taken
(1) Where the employment of a worker who has become entitled to one or more
annual holidays provided by this Act is terminated, the employer shall be
deemed to have given the holiday or holidays (except so much, if any, as has
already been taken) to the worker as from the date of termination of the
employment, and shall forthwith pay to the worker, in addition to all other
amounts due to the worker, the worker's ordinary pay for the period of the
holiday or holidays.
(2) Subsection (1) applies to and in respect of an
annual holiday (except so much, if any, as has already been taken) whether or
not the worker concerned continues to be entitled (apart from this section) to
take it, and so applies as if the worker's right to take it had accrued
immediately before the date of the termination of the worker's employment.
(2A) Nothing in subsection (1) or (2) affects the obligation of an employer to
give, or a worker to take, annual holidays in accordance with section 3.
(3)
(a) This subsection applies with respect to every period of employment of a
worker by any employer which is less than one year, such period being computed
from the date of the commencement of the employment or (where the worker has
during the employment become entitled to any annual holiday or holidays under
section 3) computed from the date upon which the worker became entitled to
that annual holiday, or to the last annual holiday, as the case may be.
(b)
Where the employment of any worker by any employer is terminated at the end of
a period of employment to which this subsection applies, the employer shall
forthwith pay to the worker, in addition to all other amounts due to the
worker, an amount--
(i) where that period of employment ends upon or before 30
November 1974, equal to three forty-ninths of the worker's ordinary pay for
that period of employment,
(ii) where that period of employment ends after 30
November 1974, equal to one twelfth of the worker's ordinary pay for that
period of employment.
(4) Where the annual holiday under section 3 or any
part thereof has been taken in advance by a worker pursuant to subsection (3)
of that section, and
(a) the employment of the worker is terminated before the
worker has completed the year of employment in respect of which such annual
holiday or part was taken, and
(b) the sum paid by the employer to the worker
as ordinary pay for the annual holiday or part so taken in advance exceeds the
sum which the employer is required to pay to the worker under subsection (3)
of this section,
the employer shall not be liable to make any payment to the
worker under subsection (3) of this section, and shall be entitled to deduct
the amount of such excess from any remuneration payable to the worker upon the
termination of the employment.
