Perhaps you don't want to carry over your holidays but instead, just get paid for them.

The question of being paid for unused holidays is slightly different from that of being able to carry the holiday entitlement forward. In general terms, an employee cannot insist on being paid for unused holidays while the employment is ongoing, although of course, it may be possible to agree on this with the employer if both parties wish to do so.

However, an employee can insist on being paid for unused holidays at the end of the employment, and this is where the employment law rules on carrying forward holiday entitlement becomes important. The amount of holiday pay that can be claimed at the end of the employment will depend upon factors such as:

• Why holidays were not used in a previous holiday year.
• How long ago that holiday year was.
• Whether the employer has thought to insist on holidays being used up in a notice period.
  

Duncan McFadzean is a Director in our Employment Law team. At ELP Arbuthnott McClanachan, Solicitors we provide practical expert advice to employees and small to medium-sized employers on all aspects of employment law. If you or your organisation would like any advice on holiday entitlements or other areas of employment law, please do not hesitate to contact us. We offer a no-obligation initial discussion.