Is untaken holiday payable after being made redundant?

eits1000

They haven't actually asked me to take holiday. They've just quoted my contract. 

General_Grant

daveyjp said:

If the Government line is ACAS they are generally excellent in their advice, far better than most small companies who don't have a clue about HR law, which is complicated.

You are entitled to your paid holiday.  (A)  They should ask you to take it before the 2 months gardening leave start and pay you, or (B) pay you for the leave you couldn't take at the end of the two months gardening leave.

(C)  If during the gardening leave period you accrue further annual leave this should also be accounted for.

Of course you gave the OP the answer they actually wanted.  Well done!  However -

(A)  They could ask that it is taken before the gardening leave, but the gardening leave would be shortened by whatever amount of holiday was paid.
(B)  I can't imagine there would be any leave left after two months' gardening leave: it would all be used up during the two months.
(C)  Annual leave does accrue during the full period of employment, that is up to the end of gardening leave if that is how it ends.  But it would be taken during that period.

eits1000

General_Grant said:

daveyjp said:

If the Government line is ACAS they are generally excellent in their advice, far better than most small companies who don't have a clue about HR law, which is complicated.

You are entitled to your paid holiday.  (A)  They should ask you to take it before the 2 months gardening leave start and pay you, or (B) pay you for the leave you couldn't take at the end of the two months gardening leave.

(C)  If during the gardening leave period you accrue further annual leave this should also be accounted for.

Of course you gave the OP the answer they actually wanted.  Well done!  However -

(A)  They could ask that it is taken before the gardening leave, but the gardening leave would be shortened by whatever amount of holiday was paid.
(B)  I can't imagine there would be any leave left after two months' gardening leave: it would all be used up during the two months.
(C)  Annual leave does accrue during the full period of employment, that is up to the end of gardening leave if that is how it ends.  But it would be taken during that period.

OK so not a hop on hell of winning here to the tune of 2 months notice plus holiday pay... Anyone else have a different opinion? 

Thanks! 

Undervalued

eits1000 said:

They haven't actually asked me to take holiday. They've just quoted my contract. 

So they have asked you to take it! The contract clearly states you must.

Any employer at any time (including during notice) cat tell you to take statutory paid holiday just by giving you twice the length of notice as the holiday they want you to take. In fact, if you get holiday over and above the statutory minimum (28 days) the rules for the extra holiday could be even tighter.

As I read it you have been given notice to take the holiday because it is in your contract that you must do so during your notice period.

There is no right to gardening leave so you have, in effect had two months holiday on full pay. They could have kept you in the office and given you all the miserable jobs to do!

You are trying to have the penny and the bun!

eits1000

Undervalued said:

eits1000 said:

They haven't actually asked me to take holiday. They've just quoted my contract. 

So they have asked you to take it! The contract clearly states you must.

Any employer at any time (including during notice) cat tell you to take statutory paid holiday just by giving you twice the length of notice as the holiday they want you to take. In fact, if you get holiday over and above the statutory minimum (28 days) the rules for the extra holiday could be even tighter.

As I read it you have been given notice to take the holiday because it is in your contract that you must do so during your notice period.

You are trying to have the penny and the bun!

No I'm just trying to get as much out of the !!!!!! as I can. Lots of chances to go furlough but they chose to say no to thst for ubknons reasons. So if I can indeed get the bun I will chase it hard. 

epm-84

If the scenario was you were being made to work your notice period and the company neither allowed you to take off days during your notice period or gave you pay for the unused holiday, then it would be illegal.  However, it sounds like you are getting 8 weeks paid leave on the basis that 2 of those 8 weeks you are on holiday, so it's legal.

If some of your colleagues are also being made redundant as well and they getting 8 weeks paid leave in lieu of notice, even if they've used up all their holiday allowance, then you could argue they are treating you unfairly (compared to what they have got.)  However, while that would be unfair for you it doesn't mean it would be illegal or a breach of contract.

eits1000

I see... I saw it as the 2 months are a given because that's their way of paying me to lose my job and then the 2 weeks holiday is a bonus because I never got the chance to take them during my employment. It does indeed look like they want me to take them but if I use them as my last 2 weeks, does thst mean I'm still under contract during those 2 weeks? 

Undervalued

eits1000 said:

Undervalued said:

eits1000 said:

They haven't actually asked me to take holiday. They've just quoted my contract. 

So they have asked you to take it! The contract clearly states you must.

Any employer at any time (including during notice) cat tell you to take statutory paid holiday just by giving you twice the length of notice as the holiday they want you to take. In fact, if you get holiday over and above the statutory minimum (28 days) the rules for the extra holiday could be even tighter.

As I read it you have been given notice to take the holiday because it is in your contract that you must do so during your notice period.

You are trying to have the penny and the bun!

No I'm just trying to get as much out of the !!!!!! as I can. Lots of chances to go furlough but they chose to say no to thst for ubknons reasons. So if I can indeed get the bun I will chase it hard. 

Well, that is your privilege. You can ask, they may pay or offer a compromise. If they don't you will have to launch a tribunal claim. Keep in mind that costs can sometimes be awarded against claimants if the judge feels the claim is totally without merit, so get some professional advice.

That does of course assume they will still be in business by the time it gets to court.

eits1000

Yes makes sense. So if they collapse there's nothing I can do right? I also wondered, if they collapse before my 2 months is over I will get nothing, right? 

eits1000

Also the contracts states: The Company may require you to take some, all or none of any outstanding holiday entitlement during your notice period.

What if they don't ask me to take my holiday? Does it mean I have a case?