Employer forcing use of Holiday Pay for enforced notice period 14 October 2020 at 3:18PM in Redundancy & redundancy planning 2 replies 213 views

Charlie0101

Following the last 7 months on furlough, my daughter has been advised that her job is no longer viable after 30th October and her contract will be terminated.  Her contract states that the notice period is 4 weeks.  She has been advised today that they will not be paying lieu of notice but using the holiday pay for this period.  My understanding is that this is against her contract and she should be recieving both lieu of notice and the holiday pay.  I cannot find anything online, can anyone advise if they can legally do this please?

bradders1983

An employer can force any employer to take holiday, even during a notice period, but they need to give the correct notice: 2 weeks notice for 1 week, 4 weeks notice for 2 weeks, 6 weeks notice for 3 weeks etc. 

I cant imagine kicking up a stink is going to get her anywhere given they have shown her the door.

Undervalued

Charlie0101 said:

Following the last 7 months on furlough, my daughter has been advised that her job is no longer viable after 30th October and her contract will be terminated.  Her contract states that the notice period is 4 weeks.  She has been advised today that they will not be paying lieu of notice but using the holiday pay for this period.  My understanding is that this is against her contract and she should be recieving both lieu of notice and the holiday pay.  I cannot find anything online, can anyone advise if they can legally do this please?

No, not unless she has a very unusual contract!

More likely her contract reserves the right to insist that holiday is taken during notice period. If it does then the notice required to force holiday that Bradders1983 mentions does not help (as it has already been given).

If her contract is silent on that point then she may be able to argue that they cannot give her the necessary notice to force the holiday and she has a right to at least some of it being paid. Could be quite a battle though in order to get it!