REDUNDANCY and HOLIDAY PAY ACCRUED

mwr08

This may be of assistance to others and helpful to me if anyone can advise me further:
I was made redundant last week - I have in writing the fact that my notice period is 5 weeks and will commence from last weeks date. It adds that my final payment will be up to that Final Date of working. And adds, the last day of working will be that particular date AS you are not required to work your notice.
Now, the Company 'reserves the right to ask me to take outstanding holiday (7 days) in the notice period.
I queried this with ACAS whom agreed that in view of my not working notice it is impossible to take holiday. They then warn that if the employer disagrees, I will need to go to a tribunal - and pay £420 for the pleasure. Then I hear that it is up to the judge whether it goes in my favour (I said, how can it not, either it is correct or incorrect) also it is up to the judge as to costs being awarded?? The fact is that my claim is for £290 against £420 costs.
Can anyone advise how safe my claim is. Can it depend on variable outside my control?
Also, I calculated 7 days o/s until the end of September - should this be more due to the 5 weeks notice period, regardless of working or not working it?
Can the Company demand I sign and return confirmation of receipt of letter, agreement and understanding?
BTW, I do understand that a Company may dictate when employees take holiday and even decline an application also, it may request you take o/s holiday in a notice period, whether you or the employer terminate employment however, I think it disgraceful that a Company avoid paying o/s holiday pay when making an employee redundant. The time when any holiday pay is better paid than having to be taken.
Thank you

LittleVoice

mwr08 wrote: »

This may be of assistance to others and helpful to me if anyone can advise me further:
I was made redundant last week - I have in writing the fact that my notice period is 5 weeks and will commence from last weeks date. It adds that my final payment will be up to that Final Date of working. And adds, the last day of working will be that particular date AS you are not required to work your notice.
Now, the Company 'reserves the right to ask me to take outstanding holiday (7 days) in the notice period.
I queried this with ACAS whom agreed that in view of my not working notice it is impossible to take holiday. They then warn that if the employer disagrees, I will need to go to a tribunal - and pay £420 for the pleasure. Then I hear that it is up to the judge whether it goes in my favour (I said, how can it not, either it is correct or incorrect) also it is up to the judge as to costs being awarded?? The fact is that my claim is for £290 against £420 costs.
Can anyone advise how safe my claim is. Can it depend on variable outside my control?
Also, I calculated 7 days o/s until the end of September - should this be more due to the 5 weeks notice period, regardless of working or not working it?
Can the Company demand I sign and return confirmation of receipt of letter, agreement and understanding?
BTW, I do understand that a Company may dictate when employees take holiday and even decline an application also, it may request you take o/s holiday in a notice period, whether you or the employer terminate employment however, I think it disgraceful that a Company avoid paying o/s holiday pay when making an employee redundant. The time when any holiday pay is better paid than having to be taken.
Thank you

I'm somewhat confused regarding your notice and "final day of working".

Last day of working (ie turning up and carrying out duties for the employer) does not need to equal last day of employment.

If you were due to receive 5 weeks' notice and are not being required to work those weeks, then that's five weeks "holiday" if they tell you that.

Are they paying you just statutory redundancy or an enhanced company scheme?

getmore4less

if the contract says they can allocate holiday to notice then they can for any notice that could be worked up to termination date the rest(holiday+notice not worked) paying.

holiday accrue to termination date. Although a lot of companies accrue to end of notice even if paying PILON.

mariefab

If they've just reserved the right to ask you to take holidays during your notice period, I wouldn't worry about it yet.

If they intend to exercise the right that they've reserved they'll have to do it in the next week or so.
As you have 7 days holiday outstanding, if they wanted you to take it in one block they'd have to give you 14 days notice.

zzzLazyDaisy

When you say 'I was made redundant last week' do you mean that you have been notified of the redundancy situation, or that your employment was actually terminated last week?

Normally, if your employment has actually terminated, you would already have received a statement from your employer showing how your final payment has been calculated (so you would know whether it includes the outstanding holiday pay or not).

However, as someone else has pointed out, it is entirely possible for your last working day to be x date, but your final leaving date to be x + 5 weeks (in orger words, you are not required to physically work your notice, but your employment doesn't finally end until the notice period has expired, in which case they can require you to take your holiday during this period if the contract allows this.

What many people get confused about is that 'notice' does not automatically equate to 'payment in lieu of notice'. The employer is perfectly entitled to keep you on the books whilst paying you through the payroll during the notice period as normal, but not requiring you to come in and actually carry out any work during that period.

I suggest that you wait for your P45 and final payment. Then you will know your actual date of termination and what you have actually been paid.

Daisy

getmore4less

mariefab wrote: »

If they've just reserved the right to ask you to take holidays during your notice period, I wouldn't worry about it yet.

If they intend to exercise the right that they've reserved they'll have to do it in the next week or so.
As you have 7 days holiday outstanding, if they wanted you to take it in one block they'd have to give you 14 days notice.

if it is in the terms of employment then normal notice rules don't apply
if was give later say as part of the termination notice then the clock start ticking from that date

even then east to get round just split the holiday into smaller blocks