Redundancy and holiday pay

  1. #1
    gethro gethro is offline Junior Member
    Join Date
    Aug 2009
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Default Redundancy and holiday pay

    Hi All
    I have just been given my redundancy notice and need some advice.
    I was tuped about 18 months ago to this company so i have a continuation of service so i am getting my redundancy on 25 yrs and the enhanced figure is quite good.
    Due to the length of service i and a couple of my collegues have been given 12 weeks notice,the problem i have is that i have got 12 days holiday due to me and they are insisting i take these within the 12 weeks notice,i have 2 weeks booked at the end of Aug into the 1st week of Sept,all my other collegues will be finishing the last day of August when they close the depot as they have taken their holidays but i have to go back for my last day on the 9th of Sept when my holidays are used up.
    I have told my boss that this is not fair as i am entitled to these holidays and they will not be paying me 12 weeks notice as 12 days will be my entitled holiday pay.
    His reply was that they can legally make me take my holidays in this redundancy period,i have searched the web and have found that some advice even point out that as you are employed for the 12 weeks you should even get the extra holiday entitlement (2 days per month) and they have to pay you for holiday not used in the final payment,
    i don't want to rock the boat too much incase they insist i work my notice but can they do this legally.
    Gethro

  2. #2
    Employee Advisor's Avatar
    Employee Advisor Employee Advisor is offline Expert Advisor
    Join Date
    Jul 2008
    Posts
    298
    Thanks
    1
    Thanked 66 Times in 62 Posts

    Default

    Hi

    If you are entitled to 12 weeks notice, your employer can either require that you work the notice period or pay you in lieu of notice.


    If your employment contract allows your employer to pay you in lieu of notice, then you are only entitled to the pay. If there is no contractual provision but your employer is insisting that you take PILON, then they are in breach of your contract. In the event that you have no clause you should be compensated in full including your holiday pay.

    If you have a contractual provision which allows for your employer to force you to take your holiday during the notice period, then it may be difficult to argue against it.

    I hope this helps
    Clara Buckingham

    (Any advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).




    Businesses, for professional HR advice Message me.


 
Please share us with friends or colleagues!


Similar Threads

  1. Redundancy during maternity leave - holiday accrual?
    in EMPLOYEES Ask redundancy questions
  2. Holiday Pay
    in EMPLOYEES Ask redundancy questions
  3. Benefits and accrued holiday pay b.o.c
    in EMPLOYEES Ask redundancy questions
  4. Paying off holiday pay
    in EMPLOYEES Ask redundancy questions
 
Powered by vBulletin® Version 4.1.12
Copyright © 2012 vBulletin Solutions, Inc. All rights reserved.
Content Relevant URLs by vBSEO ©2011, Crawlability, Inc.
©2011 MC Buckingham Limited No Duplication Permitted! vBulletin 4.0 skin by CompletevB.com



vBulletin 4.0 skin by CompletevB