Health and Safety Law 2024 (October 2024)

The right to be paid for unused statutory holiday at the end of employment is absolute. Even someone who is dismissed for gross misconduct has this right. Any contract term that tries to remove it is void (Witley & District Men’s Club v MacKay [2001] IRLR 595). In Podiasiak v Edinburgh Woollen Mill Limited ET/2701291/13, a tribunal ruled that a zero hours contract that set a nominal payment of £1 for unused holiday at the end of the employment was unlawful.

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