4Holiday pay where holiday is not taken

#### 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. > > **s 4:** Am 1958 No 28, sec 2 (b); 1974 No 97, sec 2 (c); 1984 No 31, sec 2.