'Expectation' that I take all annual leave

gypmaster

Hi,

Being made redundant in a few weeks. I will have around 13 days holiday owing to me by the time I go.

My employer says the 'expectation' is that I won't be paid for that but should take it as leave.

I want to have the money, not the time off.

Is there any way, legally, they can insist I take my holidays before I leave their employment?

Thanks

Andy_L

Generally speaking (ie unless your contract says otherwise) an employer can dictate when you take leave providing they give you enough notice (2x the amount of leave to be taken)

getmore4less

The default is they can tell you when to take all the holiday accrued.

You best bet is to probably chose when you take it rather than them say and get the extra 2 piad days off you have have for interview/training seeking other work.

If you are sick then you can't take the holiday.

gypmaster

That's a shame as I could really do with the cash.

Also, if someone is off sick whilst being made redundant are you saying they won't get paid for their accrued holidays?

getmore4less

NO if sick you can't take them so they have to pay them.

For added info companies do not have to pay for accrued holidays during notice that is covered by PILON.

gypmaster

PILON?
Is that pay in lieu of notice?

noelphobic

gypmaster wrote: »

PILON?
Is that pay in lieu of notice?

Yes it is.

If I was in your position I would be inclined to ask if I could take my leave right at the end of my contract. So, if I was due to leave in the middle of October and had 2 weeks accrued leave then I would ask if I could finish work at the beginning of October, but I would then still be paid until my official leaving date.