Forced to take holiday during Notice Period

steparsons

I have just been given formal notice of redundancy with 1 months notice which they have asked me to work (2 days before Christmas - nice!). I have now received the letter confirming these details & note that they state that I'm required to take any holiday entitlement during the notice period. I've checked my contract & there is a statement t the effect that' Unless agreed otherwise by a Director, the company does not permit carryover of holiday nor does it make payments in lieu for unused holiday either at the end of the holiday year or on leaving the company'. Can they therefore force me to take my accrued leave to avoid having to pay accrued holiday pay? As I will only receive statutory redundancy pay this would make a significant difference & help tide me over whilst I try & find a new job.

Lakeuk

You don't have to take it, what they are basically saying is that they won't pay you for any unused holiday so you better take it. Yes they can request it, fair and reasonable.

getmore4less

How much holiday do you have left?

Companies can say when you take holiday but still have to comply with the rules so give you twice the holiday as notice. allthough they can split this so in practice you will have to take it.

How long have you worked there if 5 years or more then they need to give you more notice.

liney

Yes they can insist you take it, by giving you notice to do so. The correct notice period is twice the time of which they would like you to take, ie 2 weeks notice to take 1 week - this applies regardless of redundancy.

We all have the right to paid holidays, but ultimately the company decides when you take it.

anamenottaken

steparsons wrote: »

I have just been given formal notice of redundancy with 1 months notice which they have asked me to work (2 days before Christmas - nice!). I have now received the letter confirming these details & note that they state that I'm required to take any holiday entitlement during the notice period. I've checked my contract & there is a statement t the effect that' Unless agreed otherwise by a Director, the company does not permit carryover of holiday nor does it make payments in lieu for unused holiday either at the end of the holiday year or on leaving the company'. Can they therefore force me to take my accrued leave to avoid having to pay accrued holiday pay? As I will only receive statutory redundancy pay this would make a significant difference & help tide me over whilst I try & find a new job.

If it is the minimum statutory entitlement they are writing about and they did not allow you to take the holiday (it is up to you to request it, giving enough notice), then they cannot take away the right to be paid for untaken but accrued holiday entitlement when employment is terminated either by resignation or dismissal.

So ask for the holiday, giving them sufficient notice. In addition, because you are in a redundancy situation, you are entitled to reasonable time off to job search/attend interviews for new jobs or arrange training which will help you find another job (and some or all of the time should be paid - depends on how much time is involved).

getmore4less

you are entitled to reasonable time off to job search/attend interviews for new jobs or arrange training which will help you find another job (and some or all of the time should be paid

upto 2 days

anamenottaken

getmore4less wrote: »

upto 2 days

It is two-fifths of a week's pay - so if you work 5 days a week (of equal length) then you should be paid for two days during your notice period if you take time off for the purposes of job search or arranging training (not for actual training).

I wasn't as precise in my earlier post as it depends on the number of days worked and whether they are equal length.

Some employers are more generous - especially if you are expected to work a long period of notice.

zzzLazyDaisy

When does your company's holiday year run from? If it is 1st Jan, then if you do not take your statutory holidays before that date you will lose them. The company does have to pay any statutory holidays accrued but not taken on leaving, but if you have already moved into a new holiday year then it would only be the holiday entitlement accrued since the start of the holiday year that would count as there is no statutory right to carry over statutory holidays from one year to the next.

So unless there is something to the contrary in your contract or handbook, you should definitely take any holidays owing to you.

redunderhead

don't they have to give 90 days notice of redundancy? they do in local government. is it different outside of local government?

in some case where they want you to go before 90 days, it has been known for local government employers to be forced [by unions/lawyers] to 'buy out' the notice, meaning if they want you to go in 30 dyas time they can do that if they give you 90 days pay for that 30 day period in lieu of notice, and they still have to pay whatever the redundancy deal is.

but that may just be local government.

good luck!




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what follows is a rant at the tory press for spreading lies - feel free to ignore it:
incidentally, we are not overpaid in local government despite what the tory press might want you to believe, yes our bosses are overpaid, but not as much as private sector bosses, but ordinary workers in local government are paid less than equivalent workers in private sector, and although our pensions sound better, overall, public sector workers get less than their private sector equivalents over a career. don't believe the lies which are based on quoting a few golden deals for chief execs. ordinary workers, the vast majority like cleaners, bin men, housing officers, all get crappy pay and crappy pensions. 'firemen get to retire at 50 and they all have second jobs'. well no they don't all have second jobs, some might, but if any do it's a very few, but they are slung out at 50 because 50 yr old firemen [or women] are knackered and no use to anybody. do you fancy running up ladders and carrying folk out of burning buildings until you're 65? do you fancy being rescued by a doddery old fireman?

wise up folks and if you have a job, join your union. and if you're in a job and a union- volunteer to do some union work helping out your workmates.
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end of rant

jazzyman01

Redunderhead, think you are confusing notice period with consultation period. If more than 20 posts but less than 100 then consultation is 30 days more than that it is 90 days consultation.

Notice period depends on the contract of the individual.