Holiday pay while furloughed

Bibs21

I’m furloughed on 80% pay. Company is insisting we take 3 days holiday per month plus any bank holidays but they have not topped up my wage. They are saying they will do this when we return from furlough but we’ve now been told we’re being made redundant. So firstly are they allowed to withhold the payment? Can they enforce us to take these 3 days + as holiday now we’re being made redundant - as it was supposed to help with “operational issues” when we returned to work? 
I would have thought as we haven’t been paid the top up our holidays are still accrued?
thanks

Jeremy535897

They should be paying your holiday pay at the date you would normally get it, but failing to do so does not mean that your holiday hasn't been used up. They owe you the difference. Most employers accept that holiday pay is payable at pre-furlough rates (there is some debate over bank holidays but I have not heard of an employer attempting to argue over it).

An employer can oblige an employee to take holiday when the employer wants, and that includes when you are on furlough, and also during your notice period. They should give notice of twice the length of the holiday (unless the contract of employment overrides this).

Your pay during your notice period should be at pre-furlough rates, unless your notice period exceeds the statutory minimum by a week or more, when the position is more complex.

LittleVoice

Jeremy535897 said:

They should be paying your holiday pay at the date you would normally get it, but failing to do so does not mean that your holiday hasn't been used up. They owe you the difference. Most employers accept that holiday pay is payable at pre-furlough rates (there is some debate over bank holidays but I have not heard of an employer attempting to argue over it).

An employer can oblige an employee to take holiday when the employer wants, and that includes when you are on furlough, and also during your notice period. They should give notice of twice the length of the holiday (unless the contract of employment overrides this).

Your pay during your notice period should be at pre-furlough rates, unless your notice period exceeds the statutory minimum by a week or more, when the position is more complex.

Could you please direct me to where to learn of the complexity?

Jeremy535897

Government guidance is here:
https://www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19

Some more legal analysis:
https://uklabourlawblog.com/2020/04/06/furloughing-and-fundamental-rights-the-case-of-paid-annual-leave-by-alan-bogg-and-michael-ford/