Imposed backdated holiday during notice period

POOSTER

Having accepted redundancy, I calculated I had leave to be paid as I hadn't taken as well as my 12 weeks notice period. My calculation was queried and reduced as they told me I had taken it. I was asked during furlough to take holiday, but was only given less than a week to take 3 weeks off, as others had been allowed to change theirs I emailed back with alternative dates, which has never been confirmed. Now during the negotiations they are trying to backdate holidays and although I have never been paid for them have said i took 14 days in June !! Also they want to take a weeks holiday from me at the end of my notice period due to it being prebooked, - are either of these things legal/allowed.???

getmore4less

What does your contract say about holidays  in particular anything that could override statutory provisions for notice to take holidays.

 I was asked during furlough to take holiday, but was only given less than a week to take 3 weeks off

If the contract allows for that notice then that would be 3 weeks holiday so should have been paid or needs to be paid.

as others had been allowed to change theirs I emailed back with alternative dates, which has never been confirmed.

that could have overriden the original request, so those dates could be paid as alternatives to the previous instructiuon.

Does the contract say holidays have to be approved?

Now during the negotiations they are trying to backdate holidays and although I have never been paid for them have said i took 14 days in June

do those days fit with either of the 2 periods above?  then they could say they have been taken but they forgot to pay and need to make up that money.

Also they want to take a weeks holiday from me at the end of my notice period due to it being prebooked

is that within the notice period? are you working , garden leave, or PILON?

When is the holiday year, what will be your termination date and what is the holiday allowance?

POOSTER

HI, Thanks for replying - holiday year is January - December, working my notice period as furlough is paying for it and 20% top up from company. Holidays - email trail for all of it. Whilst on furlough had email saying I had to take holiday, but it was during a period when my Dad was dying and his subsequent death, which I asked it to be considered as compassionate (My t&c's allow up to 6 days). It was after this i was asked about redundancy. They are now hassling me for an answer and saying if I dont agree with them they will only pay me statutory, even though contract says different!!