Dismissed - Holiday Pay?

SecretSquirrel88

Hi there,

My partner has been dismissed from work as of the 12th Dec. As he has not been at the company for 2 years I understand that this is not redundancy therefore is not entitled to redundancy pay / paid time off to look for jobs (He would have been there for 2 years in May09).

My partner is entitled to 25 days holiday per year (April-April) of which he has used 21 days leaving 4 days left. These 4 days were left so that he would get paid over the Christmas period (He was told by the office staff to keep these 4 days back, as they tell everyone, every year).

So is he entitled for these 4 days? He would have used them up but as I said the office staff said it was best to keep them.

Thanks

gingerdad

no he wont and he will also about 4-5 days back to the company as he has taken too much holiday.

Sorry

GD

Bean_Counter

He would have accrued holidays from April to December, hence 0.75 times 25 days per year gives 19 days.

As he has taken 21 days so far, then he will be due 2 days back to the employer out of his final pay.

gingerdad

mine was a rough guess.

SecretSquirrel88

Ahh not the answer I was looking for. Thank you though, atleast I know x

paddy's_mum

But Secret Squirrel(aka Staciep88 and Penpop) - you, your sister and your Mum are the office staff. Your Dad is the boss.

Why ask on the forum and waste peoples' time and effort when you already know the answers? In any case, is a single word of what the three of you Cornwall girls write actually the truth?

LucasRenfrew

My understanding of redundancy is that once you are made redundant you can leave work immediately since by definition your job is no longer required. What is the reason they gave him in the letter he was sent?

SecretSquirrel88

The reason being there isnt enough work, but he hasnt been there for 2 years, therefor (I dont think) entitled to anything. Im hoping you can prove me wrong on that one

LittleVoice

LucasRenfrew wrote: »

My understanding of redundancy is that once you are made redundant you can leave work immediately since by definition your job is no longer required. What is the reason they gave him in the letter he was sent?

Just because an employer has established that they will require less work of a certain type doesn't mean the employee's job is immediately redundant. So you can't just leave!

For example, a company may have received notice that a contract will not be renewed but still has 3 months to run. There can be a redundancy but it isn't effective until the expiry of the 3 months.