Pilon & holiday pay

wildkr

Just a quickie and I'm sure you can help.

My notice period ends 6th March, I am not required to be in work but will get pilon. The company are paying accrued holidays for Jan (I worked until 17th) but am I not owed accrued holidays for the whole of the notice period?

Thanks in advance!

dori2o

wildkr wrote: »

Just a quickie and I'm sure you can help.

My notice period ends 6th March, I am not required to be in work but will get pilon. The company are paying accrued holidays for Jan (I worked until 17th) but am I not owed accrued holidays for the whole of the notice period?

Thanks in advance!

Yes. They cannot force you to use the holidays during the notice period and they do continue to accrue within this period.

jazzyman01

I would disagree. You do not continue to accrue holiday when your employment has terminated. Had you been placed on garden leave then this would have been different.

getmore4less

When are you getting official termination?

garden leave and PION are diffeernt.

AIUI holiday does no acrue with PILON but does with garden leave.

I also though an employer can have you use holiday during your notice.

Obviously if they pay PILON they can't have you use the holiday

edit : tpos and can->can't

zzzLazyDaisy

wildkr wrote: »

My notice period ends 6th March, I am not required to be in work but will get pilon.

I think this is causing some confusion.

Can you clarify - will you be:

a) still employed and will remain so until 6th March, and getting your notice pay through the payroll each month in the normal way, but just not required to attend work; or

b) no longer employed, your employment having already terminated, and due to receive a lump sum payment in respect of the notice pay you would have received, had you continued to work for the company until 6th March.

(Sorry if this sound pedantic, but the two scenarios are different in law)

wildkr

I think by reading your replies my question has been answered.

I am being paid up until 6th March but my employment terminates on 31st Jan, so from this I'm thinking no accured holiday pay for Feb etc.

Thanks again

Uncertain

wildkr wrote: »

I am being paid up until 6th March but my employment terminates on 31st Jan, so from this I'm thinking no accured holiday pay for Feb etc.

AFAIK that is correct.

The reason being you employment is terminated so you were free to take up another job from 1 Feb.

Had you been still employed but on "garden" leave you would not have been able to work elsewhere as you call have been called in at any time.