Holiday Pay redundancy

superstarky

Hi I have my final consultation tomorrow where it will be comfirmed that i will be made redundant, i then have to work i five week notice period and then my contract will be terminated currently i have 32.15 hours of holiday pay remaining, however after the five weeks it will be into the new financial year, therefore i will lose those hours, is it possible in anyway to claim the 32.15 hours of do i just have to accept that im losing them.

Thank you any help would be appreciated, as im very confused

McKneff

i dont see why you should lose them, is it normal practice in your company to lose the holiday if you dont take it in the same financial year.

If so, i would just take one of the notice weeks as a holiday before the financial year ends. (they cant sack you for it )

Have they told you that you will have to work your notice. Increasingly these day people leave straight awy and they are paid in lieu of notice in which case the problem wouldnt arise you would just be paid for them automatically.
Are you entitled to any redundancy payment

Mention it in your meeting tomorrow and if they say you will be paid it regardless make sure you have it in writing.

Anyway, stand your ground and dont accept that you will lose it and object strongly if they try it on

In any event, i would have a look at the ACAS sight.
Please let us know how you get on

LittleVoice

Put in your request for the holiday that will have accrued by the end of the holiday year but has not already been taken - and think about how the Easter holiday may affect you (depending on whether your holiday entitlement is in addition to or includes bank holidays which have to be taken).

If you are on statutory minimum paid holiday entitlement and the company applies the rules tightly then the rules are that, if not taken in a holiday year, they are lost and cannot be carried forward nor paid.

Holiday earned in the new holiday year can be paid if not taken before you leave. (Though it won't be much - and I guess that it will actually be in that year that your Easter holiday will fall and therefore not affecting this year's holidays mentioned above)

superstarky

Thanks for the replies,

basically i have been oferred a 10 week pay off, and they want me to work my five week notice period, however when i ask about holiday my manager replied with you have to give six weeks notice so i wouldnt be able to apply for holiday till MAY, and he says he will not carry over any holiday into the new financial year. Should i call my companies HR depatment or will it work against be going above my managers head

tsstss7

superstarky wrote: »

Thanks for the replies,

basically i have been oferred a 10 week pay off, and they want me to work my five week notice period, however when i ask about holiday my manager replied with you have to give six weeks notice so i wouldnt be able to apply for holiday till MAY, and he says he will not carry over any holiday into the new financial year. Should i call my companies HR depatment or will it work against be going above my managers head

I read somewhere that the legal norm for giving notice of holiday is twice the amount of time you wish to take. Furthermore I cannot see why they would not just let you finish early by the amount of holiday owed as they are making you redundant so presumably don't actually need you anymore.

Personally I would request they give you your leave entitlement within the next five weeks by writing (and keep a copy for yourself) and if your manager says no then approach HR.

getmore4less

superstarky wrote: »

Thanks for the replies,

basically i have been oferred a 10 week pay off, and they want me to work my five week notice period, however when i ask about holiday my manager replied with you have to give six weeks notice so i wouldnt be able to apply for holiday till MAY, and he says he will not carry over any holiday into the new financial year. Should i call my companies HR depatment or will it work against be going above my managers head

How is it going to work against you, you are being made redundant and can check with HR and anyone else your rights.

If that is the normal rule then the holiday should have allready been booked.

If the normal practice it to carry over then that should still be followed.




Remember that you can take time off for interviews in a redundancy situation

Acas web site is worth a read
http://www.acas.co.uk/index.aspx?articleid=1365

McKneff

It wont work against you, youre leaving remember. I would definitley go to your HR dept. If you dont get anwhere, send in a sick note for your last week and let them get on with it. If they dock any pay, see an employment expert at the CAB office.

How long have you been with the company

superstarky

I've been with the company since june 2003 so five full years, i only work part time, so the deal financially is quite a good deal, but obviously in the current economic climate i'm worried about finding a job in the future, so the more money i can get the more time ive got to find a decent job. I'd like the holiday money i could probably survive withouht it but if im entitled to it, i think i should have it you know

McKneff

Yes, the deal is not bad, having worked there 5 years you would be entitled to 5 weeks redundancy money so getting 10 is pretty good.
Like i say, stand your ground, you have earned this holiday entitlement.
See the HR Dept, failing that write to the top man. Good Luck in finding work in the future.

McKneff

http://news.bbc.co.uk/1/hi/business/7839501.stm

Dont know whether this will be of any help.