Sacking someone - Notice Period & Holidays?

QTPie

Can someone help?

If someone is sacked and they have a notice period of say two weeks, plus they have five days outstanding holiday allowance owing. The person sacked will not be working their notice period (employers choice - so enforced gardening leave).

How much do you pay them for? Do you pay them for "three weeks" (i.e. two weeks notice and one week's holiday) or for "two weeks" (i.e. the week's holiday is taken concurrently with the notice period)?

Can anyone provide a link to the appropriate employment law for this please?

Thanks
QT

alwaysonthego_2

How long as the person been employed for and was it gross misconduct?

MrsTinks

Normally if there is no issues with say misconduct etc then yes they would have to pay them the notice plus any holiday accrued. If the employer instructs the employee to not work their notice doesn't then there is no reason why the holiday should in any way be deducted from the notice period pay and therefor should be paid in addition to the notice period.

Note that it is ACCRUED holiday - so holiday that has already been earnt during the employment and notice period.

Ofcourse if there is any concerns about misconduct or gross misconduct then it's a totally different ball game - I only say that because you use the term "sacked"... something in my world that would only be used if the employee had in fact been dismissed on misconduct etc grounds or after failing to improve performance despite appropriate action from the company to help them improve...

LittleVoice

The Working Time Regulations mean that for a week's holiday, you have to give two weeks notice. So, unless the terms of employment allow for shorter notice, it looks like the best you could cut back by is 4 days as you could have 8 days notice before the 4 days start.

alwaysonthego asks about length of service because the person would be entitled to one week's notice for each completed year of service and so two weeks would only apply if they had been employed for a shorter period than three complete years.

QTPie

Hi

Wow, thanks for the quick replies AND on a Saturday night

The employee is being sacked for failure to improve (nice employee, trying very hard, but pretty much completely useless - no matter how they try, they cannot follow the most simple of instructions).

This is a technology firm and the employee has been taken on as a graduate techie person and it really is not working. They have been there for over six months and are now on "extended probation" (when the probation was extended, they were told why - because they just have not improved enough within their post).

The company has taken a lot of steps and a lot of patience to try to help the employee progress, but it really isn't happening, at all (even on the simplest of tasks - they seem unable to even take notes and then repeat a task). The employee's Manager is just resigned to the fact that the employee is taking more time to manage and supervise (with no signs of improving and requiring less time to manage and supervise) than can be justified. The Manager is spending a lot of time explaining again and again (and again) and this is taking too much time away from them (the Manager) doing chageable work. In a small company, this just isn't sustainable.

It is very sad, but we need to get rid of the employee, but make sure that we are on the right side of the law concerning notice/holidays/etc.

QT

MrsTinks

If they are on extended probation then what are the terms of their probation? If it's 2 weeks then yes they would need to be paid 2 weeks in lieu (sp) and their holiday entitlement - so judging by what you said 15 days salary (working a 5 day week). Assuming that the holiday accrued is 5 days. If the employer doesn't wish the employee to work the notice period then they still have to pay them the holiday on top I'm afraid... It's not the employees decision not to work the notice so they can't be penalised for not having taken their holiday.
2 weeks notice btw seems very generous for being dismissed whilst on probation...
I assume that the extended probation was clearly documented at the time of when the original probation period came to an end? ie reasons and how long it would be before it was reveiwed again etc? Always document and confirm EVERYTHING like that in writing and keep a copy

QTPie

Ok, 15 days (10 days notice period and 5 days accrued holiday).

Yes, two weeks notice period during probation. Because it is a small company, that was generally intended for the company's protection. But for such a junior role, maybe a week would have been better...

Yes, extended probation period clearly documented and printed copy on the employee's file.

Thank you very much.

QT

alwaysonthego_2

ACAS also advice employers.

QTPie

Thank you very much for mentioning ACAS and thanks to everyone for their advice

QT