Previous Years' Holiday Carried Forward When Calculating Redundancy Payment

11 Posts

Hello,
Unfortunately it looks like redundancy is on the cards and I need some clarification on something I can't find the answer to online.
If my company allows unused holiday (above the statuatroy minimum) to be carried forward, is this added to the calculation when being made redundant?
Eg: 6 Days carried over +12.5 days earned this year so far -2.5 days holiday taken this year = 16 days holiday to be paid. My employer is arguing that although they previously agreed to me carrying over the 6 days from last year, due to redundancy they are now lost and that I only receive 10 days holiday.
Is this correct or can my employer, having previously allowed these 6 days holiday to be carried over, now state that won't be added to my holiday pay upon termination due to redundancy?
Thank you
Unfortunately it looks like redundancy is on the cards and I need some clarification on something I can't find the answer to online.
If my company allows unused holiday (above the statuatroy minimum) to be carried forward, is this added to the calculation when being made redundant?
Eg: 6 Days carried over +12.5 days earned this year so far -2.5 days holiday taken this year = 16 days holiday to be paid. My employer is arguing that although they previously agreed to me carrying over the 6 days from last year, due to redundancy they are now lost and that I only receive 10 days holiday.
Is this correct or can my employer, having previously allowed these 6 days holiday to be carried over, now state that won't be added to my holiday pay upon termination due to redundancy?
Thank you
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Replies
First of all I'd argue that those 2.5 days holiday already taken come off the 6 days carried forward.
So I'd suggest that you start by looking at what your employment contract says about holiday entitlement and, in particular, loss of it on redundancy.
Ultimately, though, I fear that if the employer holds its position, you might need to involve an employment solicitor. That. of course, has a cost implication. Is it worth it?
11.5 (days taken) * 7 = 80.5 hours
191 – 80.5 = 110.5 hours owed
S / 12 / 21.75 * 5 / 35 = £H (hourly rate of pay)
H * 110.5 = £P holiday pay owed to you
As they agreed to it they still owe you it. I would agree the 2.5 days should have been from last year first. How you are going to get them to agree to pay it I am unsure without getting a solicitor which would probably cost you more then you get.
If they stick to their position could you not offer to finish a few days earlier, so you still get the time off even if you don’t get any extra money for it.