Urgent -Consultation period ends 01/10/2010.

The company I work for is currently in the "consultation" period, however, it looks to be very much decided already. I have been told I am eligible for an enhanced package which is an extra months wage, 4 weeks pay in lieu and statatury redundancy. I will also be paid any leave I have not used from my entitlement accrued. I have to apply for this by 01/10/2010.

I have worked tirelessly and selflessly for the company, showing loyalty and dedication over the last 2 3/4 years. Even last year, when my post was ringfenced, and I had to apply against fellow colleagues for my job, which I was successful in.

My question is regarding my rights to 3.5 days annual leave the company gave employees. I have cut and pasted quotes from the original communications regarding the origin of these days.

Communication dated 04/02/2010

"In order to maintain a manageable cost base and put us in a good position to respond to instructions we have had to reduce costs. This has included redundancies and no general pay increase in 2009. The management team however, recognised the professionalism and commitment individuals have shown through out this period and wanted to do something to reward your loyalty.

We felt that a good way of doing this without putting the company at risk was to give everyone additional annual leave to take around the festive season. These additional days represent a significant increase in the total number of annual leave you will receive over the forthcoming year"

Communication dated 04/08/2010

"We have not increased the fixed costs over the past year, so this puts us in a strong position going forward. This bonus payment, along with the 3.5 days extra leave that has been given over the Christmas period equates to a minimum of a 2.5% increase in benefits for the forthcoming year. Against the current economic backdrop, I am sure you will agree that this is a positive move and will support the business in developing further innovative ways of working and rewarding staff"

Do the company have to honour these days as they were awarded in lieu of a payrise? - Which is mine, and other members of staffs understanding. (staff at risk and not at risk)

As I mentioned before, we are still in the consultation period, and that no decision has been made, however, already, at risk staff are being kept out the loop and procedures are seemingly being put in place, before an official annoucement is made regarding our jobs.

Please advise. Thank you in advance for all your help.

There is no obligation for an employer to give payrises at all, so if they are unable to do so and decide to grant extra paid time off over Christmas to make up for it a bit, that's fine.

Will you still be employed at Christmas? If so, what makes you think the days won't be honoured? It's difficult to see what legal claim you could have if they change their minds anyway to be honest. As I say, there was no legal obligation for them to give you anything at all in the first place, unless you have a set pay rise built into your contract or something, which would be unlikely.

If I take voluntary redundancy my last working day is 22nd October. If I am made redundant my last working day is also 22nd October.

We are told no final decision has been made, but as I said procedures are already being put in place, and my colleagues and I are being kept out of the loop.

As stated in the quotes, the extra days leave were a reward to all staff, and were awarded in February, the proviso, that they be used at Christmas, which is traditionally a quiet time of business for us.

Since It is almost certain I will not be here, I will lose that reward for my loyalty, which to be honest, I deserve and have earned.

Well, you will lose it yes. I really can't see any legal claim that you should get it though. It was extra time off to be taken at Christmas and you won't be there to take it. You will get paid for holiday accrued and not yet taken by the date your employment ends, as is right, but there's no reason for you to get paid in lieu of holiday you haven't accrued that is for some future specified date.

Sorry.