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Redundancy - holiday

I am on furlough and have also been made redundant. My confirmation letter arrived and it says “we require you to take accrued leave on ———-“. I have read that they cannot force you to take leave if it is not reasonable for you to take the time. Please can someone confirm if they have said no what did your employer come back with?
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Comments

  • JamoLew
    JamoLew Posts: 1,800 Forumite
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    why is it not reasonable for you to take the time ?
  • Grumpy_chap
    Grumpy_chap Posts: 18,693 Forumite
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    They can require you to take annual leave if they give you the correct notice.  Why is it not reasonable for you to take the time?  You can take leave from being on furlough just as much as you can take leave from being at work.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
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    Any holiday taken whilst on furlough should be topped up by your employer to 100% of your pay.
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
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    LilElvis said:
    Any holiday taken whilst on furlough should be topped up by your employer to 100% of your pay.
    I thought that to as the advice on the government site is as as per your usual pay. But then Jeremy made a good point and pointed out the small print where it says calculated in accordance with the working time directive. Post where he it explains it better.
    https://forums.moneysavingexpert.com/discussion/comment/77274879#Comment_77274879
    So might not be that simple. 
  • Correct but they say they require me to take holiday. This is so that it saves them money rather than me getting 80% for my last month, getting my holiday accrued paid to me at normal rate of pay and redundancy payment. 
  • JamoLew - because I can’t take holiday, I’m on furlough, I am trying to look for a job, my husband works full time etc...how do I “take holiday?” It’s not reasonable, I get no benefit from that really, only they benefit 
  • jackieblack
    jackieblack Posts: 10,551 Forumite
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    edited 12 June 2020 at 4:04PM
    JamoLew - because I can’t take holiday, I’m on furlough, I am trying to look for a job, my husband works full time etc...how do I “take holiday?” It’s not reasonable, I get no benefit from that really, only they benefit 
    Provided they give you the correct notice, any employer can tell you when you have to take your annual leave, at any time.
    Currently being furloughed is irrelevant. Your furlough will be suspended while you’re on leave and your employer will pay you holiday pay instead.
    That you’re trying to look for a job is irrelevant- they’re not telling you to take a holiday, they’re telling you to take your accrued annual leave. 
    Your husband’s work is irrelevant.
    You may not consider it reasonable but, legally, it’s not unreasonable .

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  • Grumpy_chap
    Grumpy_chap Posts: 18,693 Forumite
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    You can take holiday from being on furlough.  Indeed, there have been other threads where the OP has specifically wanted holiday to do something that made them unavailable for work, which you should be available for work while on furlough.
    Yes - the employer requires you to take holiday to save them money, but that is allowed.
  • sharpe106
    sharpe106 Posts: 3,558 Forumite
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    JamoLew - because I can’t take holiday, I’m on furlough, I am trying to look for a job, my husband works full time etc...how do I “take holiday?” It’s not reasonable, I get no benefit from that really, only they benefit 
    On that day they can't call you back to work so is a benefit for you. 
  • I don't know why people moan about taking holiday.
    Monday morning someone applies for a job, Monday afternoon someone gets a call, can you come for interview Tuesday or Wednesday. 4 Jobs being filled at £10 per hour. By Friday that is an expired job opportunity.
    Nearly 5 months in a job, never had a day's holiday and can't see how I will ever get a day off.

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