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Holiday rights under Furlough conditions

Hi 
Can anyone help please ,I`ve just been placed on Furlough ,my Company has just issued a document which we`ve been asked to sign however I`m reluctant too for one reason They`re asking whilst under Furlough that:-
"You will continue to earn holiday entitlement as normal during this period, but I am asking all furloughed employees to take two days of each week of their furlough as holiday until they have used up half of their annual holiday entitlement, at which point this requirement will stop." 
I Believe there could be a risk of a claim for breach of the implied term of mutual trust and confidence if an employer forces an employee to take holiday during the Government imposed lockdown period – such a claim may be based on an argument that the employer is acting unreasonably in forcing holiday to be taken at a time where the employee is not able to reasonably rest/enjoy themselves with their family.
 What are my rights here.?
 

Comments

  • Romanov55
    Romanov55 Posts: 9 Forumite
    First Post
    The Government have stated that holiday pay cannot be paid during furlough
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    They can either make you take the holidays or claim not both, i.e the government is not paying so the company can save on holiday pay later on in the year.
  • Galloglass
    Galloglass Posts: 1,288 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    sharpe106 said:
    They can either make you take the holidays or claim not both, i.e the government is not paying so the company can save on holiday pay later on in the year.
    See the ACAS on this
    Using holiday
    In most situations, employees and workers should use their paid holiday (‘statutory annual leave’) in their current leave year. This is 5.6 weeks in the UK.
    This is important because taking holiday helps people:
    • get enough rest 
    • keep healthy (physically and mentally)
    If an employee is 'furloughed' (temporarily sent home because there’s no work), they can still request and take their holiday in the usual way. This includes taking bank holidays.


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