Must take accrued holiday during notice period?

redundancy_2

I'm being made redundant and my employer is 'requiring' me to take 4 days accrued leave during my 8 weeks notice period. This will save them having to pay me for these days as part of my final pay.

Obviously I want to maximise the amount I get paid in 8 weeks time. Can they force me to take this leave or lose it?

Quick response much appreciated...

Cara79

redundancy wrote: »

I'm being made redundant and my employer is 'requiring' me to take 4 days accrued leave during my 8 weeks notice period. This will save them having to pay me for these days as part of my final pay.

Obviously I want to maximise the amount I get paid in 8 weeks time. Can they force me to take this leave or lose it?

Quick response much appreciated...

In a word, yes, I believe they can. Sorry

Sambucus_Nigra

An employer can tell you when you need to take your leave anyway. So yes.

antonic

Yes they can, UNLESS there is a pressing reason as to why you cant take them before your final day at work.

redundancy_2

Thanks guys. Not the answer I wanted but you did confirm my suspicion...

synchro_2

Hello,

I am similar to the above, but rather am not being made redudant but resigning. I understand an employer can make you take your leave whenever - so does forcing an employee to take all their accrued annual leave in the notice period not require a specific clause in the contract?

getmore4less

synchro wrote: »

Hello,

I am similar to the above, but rather am not being made redudant but resigning. I understand an employer can make you take your leave whenever - so does forcing an employee to take all their accrued annual leave in the notice period not require a specific clause in the contract?

NO.

but there are rules on giving notice to take the holiday so whn notice is short and outstanding holiday is long(ish) it may not be possible to make some one take it all.

the employer needs to give notice the same as the holiday length(it can be split to make that easier.

eg 1 weeks(5 days) holiday and 2 weeks notice the holiday can all be used in the second week

if only 1 weeks notice then they can have you take tues + thurs, friday.

thewhiteavenger

I'm in the same position as the op, contract terminating on 31 March.

My employer has said 'all holidays should be taken by 31 March.'

I'm not intending to take any - there's nowhere I want to go and nothing I want to do in the cold dark months.

I was assuming that I would be paid for outstanding holidays after reading:

If you are dismissed for redundancy your entitlements
include the following:

• Statutory redundancy pay
• Statutory notice pay
• Accrued holiday pay
• Wages (including Commission, bonus, overtime etc)
• Statutory sick pay / maternity pay / paternity pay etc
• Contractual payments due e.g. banked holidays, annualised hours
  reconciliation, contractual sick pay, contractual maternity/paternity pay
  etc

If they are intending to wriggle out of this, would their wording of 'all holidays should be taken by...' be sufficient , do you think? Or do they need to be more definite and precise?

getmore4less

That would probably be enough, they have told you to take them so if you don't book them then tough.

The employer could(should) just allocate them for you to belt and brace if you don't bother.

Spirit_2

As you have been given sufficient notice you have to take it or lose it. That you do not want to do anything in particular is not the employers responsibility.