Holiday pay

wand3rlust

I'm taking voluntary redundancy and have negotiated a settlement that works for me.

It sees me finishing work on 31 Dec, but being paid my 3 month notice to end of Feb + a redundancy payment.

My question is around holiday pay.

I have been told they will adjust for holidays not taken to the end of the year (which is also the end of the company's holiday year).

Due to quite a long period of uncertainty, I've ended up with 13 days left this year exc bank hols. I had assumed that because of the timing, I would have to take them before the end of the year. But this isn't in my contract and I think they're happy for me to leave whenever I've finished my handover - which could comfortably be within the next few days.

So - will it be really cheeky to say that some or all of the holiday I haven't taken as of now is my unused holiday for the year? Or should I accept that I would have had to take my remaining days as leave before the end of the year anyway.

Any thoughts appreciated. I'd planned for the latter scenario, I'm just wondering whether I'm being naive and leaving some cash on the table.

getmore4less

BY bringing it up you may just be alerting them..

Nothing you have said points to a mean employer yet.

Can we clarify that the termination date is 31st of Dec with PILON or is it Garden leave from the 31st Dec till notice runs out?

If the termination is 31st Dec with unused paid as PILON then you have to consider how are they going to treat the period up to then if you finish the work required before then.

They could just change the termination date and pay more PILON

or just treat it as garden leave so they have access to you to deal with any issue that may arrive up to 31st.

if on garden leave then you should remain available unless the terms of the GL say otherwise.
That could mean if you want to go away you should use up holiday.

So - will it be really cheeky to say that some or all of the holiday I haven't taken as of now is my unused holiday for the year? Or should I accept that I would have had to take my remaining days as leave before the end of the year anyway.

since you are leaving and the unused can be paid, you could just wait to see if they require/request you use up the holiday during a period of garden leave.

wand3rlust

Thanks for your reply.

It feels like they've not really considered the holiday year aspect to it and are viewing it as handover/GL to end of year and PILON for Jan/Feb.

I like the idea of staying under the radar & it's partly why I'd not brought it up in earlier discussions re settlement. But as they're now wanting to do their final calculations, I'm going to have to show my hand.

I might go for a middle ground, where I say I'll be on holiday on the days that I really don't want to be available and see if I can get the rest paid for.

getmore4less

I would wait to see what the calculations look like based on the estimate of finishing the workload.

if they have not included the holiday as a payment then bring it up as you need t decide which days you will not be available except by remote contact

if they have included them, on GL I would ask about availability first to assess what they are expecting.

helping hand over the phone/internet/email, or come into the office ASAP so expecting you to stay around the house/area.

If that was going to clash with plans to be further away I would then suggest taking holiday.

You can probably assess if there will be a need for you.