Notice Period & Holidays

sol69_2

Hi,

I was given 8 weeks notice from my ex employer as the result of a dismissmal. I was infomed that I did not have to work my notice period.

During the notice period I had two weeks holiday that where pre-booked, as I was dismissed and not in the office I was expecting that these holidays would not count as being taken and that I would have accrued holidays during the 8 week notice period.

My final salary does not include the holiday pay I was expecting as the two weeks holiday have been deducted from my holiday allowance and final salary- is this correct ?

Any help or guidence most welcome

SarEl

Yes. You had booked the holiday prior to dismissal and so therefore, if you wished to continue to take the holiday then it was annual leave just in the same way as if you had not been dismissed. You may not have been required to attend work during your notice, but all your contractual terms still applied - so during that time you were "at work" even though you were not present, and the time you were on holiday was still holiday when you were not "at work" - if you see what I mean.

sol69_2

SarEl wrote: »

Yes. You had booked the holiday prior to dismissal and so therefore, if you wished to continue to take the holiday then it was annual leave just in the same way as if you had not been dismissed. You may not have been required to attend work during your notice, but all your contractual terms still applied - so during that time you were "at work" even though you were not present, and the time you were on holiday was still holiday when you were not "at work" - if you see what I mean.

Thank You -

getmore4less

sol69 wrote: »

Hi,

I was given 8 weeks notice from my ex employer as the result of a dismissmal. I was infomed that I did not have to work my notice period.

During the notice period I had two weeks holiday that where pre-booked, as I was dismissed and not in the office I was expecting that these holidays would not count as being taken and that I would have accrued holidays during the 8 week notice period.

My final salary does not include the holiday pay I was expecting as the two weeks holiday have been deducted from my holiday allowance and final salary- is this correct ?

Any help or guidence most welcome

At that point you should have clarified if you were getting PILON with immediate termination or not.

With immediate termination then I think any holiday booked would not have counted and they would have needed to pay you for your notice and any outstanding holiday upto the date of termination.

What is the date of actual termination?

sol69_2

sol69 wrote: »

Thank You -

If I did not want to take the holidays below but had no oppertunity to advise this to the company of this as my employment was terminated prior to the holiday dates, is there any arguement I could raise to potentially get the company to make payment.

SarEl

getmore4less wrote: »

At that point you should have clarified if you were getting PILON with immediate termination or not.

With immediate termination then I think any holiday booked would not have counted and they would have needed to pay you for your notice and any outstanding holiday upto the date of termination.

What is the date of actual termination?

True - although the OP indicated that this was an 8 week notice perid - not immediate termination.

sol69_2

SarEl wrote: »

True - although the OP indicated that this was an 8 week notice perid - not immediate termination.

Hi

The minutes of my last meeting read:

"unfortunetly termination of employment which would be with immediate effect" eight weeks notice would be supplied, and would not be required to attend the office during this period.

offical letter reads

Your last day if employment with us will be XX which is at the end of your notice period, however we have advised that you are not required to work your notice period.

Offical letter arrived after holidays had started

As i was dismissed with immediate effect should my notice period be classed as a PILON payment ?

Thanks your help guys

LittleVoice

Going by the official letter you received, it seems you may have been placed on gardening leave - still employed but not required to attend. That is because they say your last day will be [whatever date they inserted] which is the end of your notice period. Was that date eight weeks after you were told that you were dismissed?

If it was, then the holiday you took was included in the eight weeks and does not need to be paid to you on top of the notice period. You would, however, have accrued holiday right up to the end date of your employment. Any holiday accrued but not taken should be paid in addition to your eight weeks' notice. However if you would have accrued more holiday than taken by the time of your official end date, they could have said you must take that as holiday during those eight weeks. Did they say you had to take holiday during your notice period - that is in addition to the two weeks you had already booked?

sol69_2

LittleVoice wrote: »

Going by the official letter you received, it seems you may have been placed on gardening leave - still employed but not required to attend. That is because they say your last day will be [whatever date they inserted] which is the end of your notice period. Was that date eight weeks after you were told that you were dismissed?

If it was, then the holiday you took was included in the eight weeks and does not need to be paid to you on top of the notice period. You would, however, have accrued holiday right up to the end date of your employment. Any holiday accrued but not taken should be paid in addition to your eight weeks' notice. However if you would have accrued more holiday than taken by the time of your official end date, they could have said you must take that as holiday during those eight weeks. Did they say you had to take holiday during your notice period - that is in addition to the two weeks you had already booked?

Hi

Thanks there was no requirement to take additional holidays.

Yes date was eight weeks after I was told I had been dismissed, my notice period was initally misadvised until I pointed this out and had the extra four weeks added.

I was under the impression I was immediatly dissmissed as stated in my final meeting and notice period had been given.

I did not require the holidays, as I cancelled my holiday arrangements once I was dismissed.

SarEl

sol69 wrote: »

Hi

Thanks there was no requirement to take additional holidays.

Yes date was eight weeks after I was told I had been dismissed, my notice period was initally misadvised until I pointed this out and had the extra four weeks added.

I was under the impression I was immediatly dissmissed as stated in my final meeting and notice period had been given.

I did not require the holidays, as I cancelled my holiday arrangements once I was dismissed.

I concur with LittleVoice - you were not given PILON. The fact that you did not require the holidays after your dismissal doesn't really count. You had booked them and did not cancel the booked leave - although I rather suspect that they wouldn't have let you. An employer can insist that leave is taken during the notice period and they would very likely have done so if you tried to cancel the booked leave.

You can ask, but I won't be holding my breath on a positive answer. I doubt they are inclined to be charitable under the circumstances. Sorry.

sol69_2

SarEl wrote: »

I concur with LittleVoice - you were not given PILON. The fact that you did not require the holidays after your dismissal doesn't really count. You had booked them and did not cancel the booked leave - although I rather suspect that they wouldn't have let you. An employer can insist that leave is taken during the notice period and they would very likely have done so if you tried to cancel the booked leave.

You can ask, but I won't be holding my breath on a positive answer. I doubt they are inclined to be charitable under the circumstances. Sorry.

Thnanks really good answer