First post. Annual leave during consultation period. Urgent

Hi,

Apologies for the urgency, but sudden development ahead of a consultation meeting tomorrow.

Before my company gave notice of possible redundancy and started my *individual* consultation, I had booked 10 days of annual leave that fell right in the middle of the consultation period.

During the leave I still received a few emails and questions from my employers even if they had agreed that I was on leave and had indicated that the consultation period would likely need to be extended beyond the original 30 days due to the inability to consult while on leave.

Now they are arguing that the consultation is over after 30 days even if we still have a few minor points unresolved.

With regards to the leave, I'm arguing that I can't be both on consultation and leave at the same time, so they either need to:

(a) If the are counting those 10 days as part of the consultation, then they must "return" to me the leave taken and pay those 10 days as part of the final settlement
-or-
(b) do not count the leave days as part of the consultation period and extend it beyond the original date by (at least) as many days as I was away on leave

What do the experts think?

Any responses greatly appreciated.

Jay

I think you are on a hiding to nothing. The consultation period can certainly only be 30 days - if you had leave booked during that period then it is, to turn a phrase - tough luck. You cannot force them to extend it because you had 10 days holiday. Some people are on sick leave throughout the whole of their consultation period, and it doesn't get extended even then. And sorry - but you have taken your leave, and you can't argue that you should also be paid for it.

Hi,

Thanks for the reply. I understand the feedback you have provided.

The disappointing side of this is the fact that my employer initially indicated that the consultation period could/would be extended to cater for my annual leave and only on my return started to indicate that this was not going to be the case.

Maybe a legal "action", but I find it morally questionable.

Jay

Yes, but the entire question of redundancy is morally questionable, I'm afraid. As I often have to tell people, "fair and objective" processes always seem to get the result the employer wants.