Can my employers use my left unbooked holidays to pay me during my furlough?

kogan92

Hi everyone,
few days ago, my CEO sent an email to all his furloughed employees, stating that, as an employer, he is able to ask us to utilize those left, unbooked days of holidays accrued so far should the business require this, so, because of that, they will be used for the next payslip, June 2020.
I sent an email to the back office of the company, telling that I totally understand that he might want to help us as much as possible, during these hard times, but the business year is not over and so I asked to reorganize differently my left days accrued so far. 
In all honesty I don't know if he can do it. I read that the employers can ask to take some holidays, but all the left? I think is a bit too much?
What do the laws state?
Thank you in advance

Comms69

Employers can dictate when you take holiday. So basically yes. 

You can argue the details, but that will result in you having potentially one a week as leave until it's used up - whether the virus is over or not. 

Undervalued

Yes, as above. Taken literally the employer could close for 28 days per year and allow no other holiday at all!
Strictly speaking they have to give you notice of twice the length of the holiday they want you to take. However there are various ways round this and if you argue you might end up having to take every other day as holiday or something even less palatable!

General_Grant

kogan92 said:

Hi everyone,
few days ago, my CEO sent an email to all his furloughed employees, stating that, as an employer, he is able to ask us to utilize those left, unbooked days of holidays accrued so far should the business require this, so, because of that, they will be used for the next payslip, June 2020.
I sent an email to the back office of the company, telling that I totally understand that he might want to help us as much as possible, during these hard times, but the business year is not over and so I asked to reorganize differently my left days accrued so far. 
In all honesty I don't know if he can do it. I read that the employers can ask to take some holidays, but all the left? I think is a bit too much?
What do the laws state?
Thank you in advance

If you are being furloughed at 80% of normal pay, the holiday must nevertheless be paid at 100%.

Redredrobin

My company sent letters saying we could have two weeks as holiday in May the incentive was that we would only be able to carry one week over to next year . 

surreysaver

Sounds to me like your employer will be claiming the furlough money from the Government, and it is going in their own coffers rather than to pay its employees, by not needing to pay to cover its employees' annual leave later in the year.

LilElvis

surreysaver said:

Sounds to me like your employer will be claiming the furlough money from the Government, and it is going in their own coffers rather than to pay its employees, by not needing to pay to cover its employees' annual leave later in the year.

It will reduce their costs but they will have to top up the furlough payment as holiday pay has to be paid at an employee's normal rate.

Savvy_Sue

When does your leave year run to and from? Ours is 1st May - 30th April and we were expected to take our leave before the end of April. We are now being encouraged to book leave for the year ahead so that whenever lockdown ends we don't all book holidays at the same time! 

And note that your CEO used the word 'accrued'. Let's say your leave year starts on 1st January. The way I read what he said, if you haven't already taken half your annual leave allowance, in June he proposes to pay you for that accrued but not-yet-taken leave. Assuming you have the statutory minimum of 28 days, he plans to pay you up to 14 days in June, depending on how much you've already taken. 

If I'm right, that doesn't sound at all unreasonable. 

General_Grant

Savvy_Sue said:

When does your leave year run to and from? Ours is 1st May - 30th April and we were expected to take our leave before the end of April. We are now being encouraged to book leave for the year ahead so that whenever lockdown ends we don't all book holidays at the same time! 

And note that your CEO used the word 'accrued'. Let's say your leave year starts on 1st January. The way I read what he said, if you haven't already taken half your annual leave allowance, in June he proposes to pay you for that accrued but not-yet-taken leave. Assuming you have the statutory minimum of 28 days, he plans to pay you up to 14 days in June, depending on how much you've already taken. 

If I'm right, that doesn't sound at all unreasonable. 

But you know the employer cannot pay for statutory holiday accrued but not taken unless it is when someone leaves their employment.    So the employer would need to give notice for when the holiday is to be taken.

Savvy_Sue

but the employer HAS given notice, and by the sound of it adequate notice (twice the length of the leave to be taken) - if employees were told in mid-May that this was happening, it sounds reasonable. 

It's possible it could have been worded more clearly, and my assumptions may be wrong, but if not ... 

General_Grant

Savvy_Sue said:

but the employer HAS given notice, and by the sound of it adequate notice (twice the length of the leave to be taken) - if employees were told in mid-May that this was happening, it sounds reasonable. 

It's possible it could have been worded more clearly, and my assumptions may be wrong, but if not ... 

We don't have the exact wording.  It sounds pretty vague to me and should be clear - how many days for each individual and the dates that the paid leave is to be taken.  It sounds like some kind of lump sum will be paid in June's payroll run.