Holiday pay at end of fixed term contract

misskool

Hi,

Friend is coming to end of fixed term contract (30 september is her last day). She has 9 days holiday left and there won't be time to pay her for them.

She is going to ask for redundancy but can she ask for her 9 days of holiday pay? This is a big university employer.

Thanks

Takeaway_Addict

How long was her fixed term contract? This affects whether its redundancy or just end of employment.

Regards holiday pay...yes they need to pay that at the end of the contract.

McKneff

Why cant she take her holidays before the end of her contract.

They can insist on that.

If they wont allow her to take the holidays, then yes, they have to pay her for them.

It's unlikely that they will allow her request for redundancy. How long was her contract.

misskool

Her contract has been for 4 years and there is no scope available on the work that she does to take random days off. She'd like to use it up but it's not going to happen.

paddedjohn

When does her holiday year run from/to? If October 1st to end of September then the need to let her take the days off (if part of stat minimum)

misskool

oct-sept holiday year and can't take time off due to nature of work

Southend1

If she doesn't want to leave she should ask to be put on the redeployment register so she is considered for suitable vacancies before they are advertised

Takeaway_Addict

I presume no one else does the same job as she does? I think that as she is over 2 years if other people are doing the same job she could ask for them to pool her against these other people.

Might be worth getting proper advice.

misskool

She understand that the fixed term contract is ending, there are no other jobs for her to do.

Does the law require her employer to pay her holiday pay if the nature of her job means she can't take the time off before her fixed term contract ends?

Takeaway_Addict

misskool wrote: »

She understand that the fixed term contract is ending, there are no other jobs for her to do.

Does the law require her employer to pay her holiday pay if the nature of her job means she can't take the time off before her fixed term contract ends?

Yes, and I didn't say if there were any other jobs she can do, I said if anyone else is doing the same job as her as a full time employee or in a middle of a contract etc. If there is then she could argue that she should be pooled with other people for redundancy. Its worth checking out unless she is happy to go.

Southend1

misskool wrote: »

She understand that the fixed term contract is ending, there are no other jobs for her to do.

Does the law require her employer to pay her holiday pay if the nature of her job means she can't take the time off before her fixed term contract ends?

There may not be any suitable posts being advertised right now but if she is on the redeployment list then anything in the pipeline she will be made aware of and offered interview before it's advertised, so unless she actually wants to leave she should speak with her HR officer ASAP