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  • FIRST POST
    • mlb1984
    • By mlb1984 16th Mar 17, 11:45 AM
    • 8Posts
    • 3Thanks
    mlb1984
    Redundancy and payment for unused leave
    • #1
    • 16th Mar 17, 11:45 AM
    Redundancy and payment for unused leave 16th Mar 17 at 11:45 AM
    I am due to be made redundant in a few months' time. My preference would be to not take any of this year's leave allowance up until the redundancy date, and instead take extra money for the unused leave.

    My employer's redundancy information document says:

    You should make every effort to take your annual leave prior to the date of redundancy ... Your manager should fully consider any requests for annual leave prior to your actual redundancy date and any decision will be reached within the context of academic, business and operational needs. If it is not possible for your leave request to be granted prior to the date of redundancy, you will be paid for any outstanding leave entitlement when leaving.

    I'm wondering what the legal situation is here: can my employer force me to take leave ahead of my redundancy date, or refuse to pay out for unused leave if I haven't made "every effort" to take it?
Page 1
    • marliepanda
    • By marliepanda 16th Mar 17, 1:08 PM
    • 4,793 Posts
    • 9,654 Thanks
    marliepanda
    • #2
    • 16th Mar 17, 1:08 PM
    • #2
    • 16th Mar 17, 1:08 PM
    Yes you don't appear to be making any effort to take it, never mind 'every effort'

    All employers can dictate when you take your annual leave.
    Survey Earnings 2017 - £163
    • Undervalued
    • By Undervalued 16th Mar 17, 2:35 PM
    • 3,175 Posts
    • 2,893 Thanks
    Undervalued
    • #3
    • 16th Mar 17, 2:35 PM
    • #3
    • 16th Mar 17, 2:35 PM
    I am due to be made redundant in a few months' time. My preference would be to not take any of this year's leave allowance up until the redundancy date, and instead take extra money for the unused leave.

    My employer's redundancy information document says:

    You should make every effort to take your annual leave prior to the date of redundancy ... Your manager should fully consider any requests for annual leave prior to your actual redundancy date and any decision will be reached within the context of academic, business and operational needs. If it is not possible for your leave request to be granted prior to the date of redundancy, you will be paid for any outstanding leave entitlement when leaving.

    I'm wondering what the legal situation is here: can my employer force me to take leave ahead of my redundancy date, or refuse to pay out for unused leave if I haven't made "every effort" to take it?
    Originally posted by mlb1984
    Yes and yes.

    The have basically told you to take it unless they specifically refuse certain dates. So that it what you need to do.
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