Notice period

Mission193

Hi all

quicky question.

if you are being made redundant and you have 12 weeks notice pay. If the company says you won’t need to work your notice are you entitled to the holiday pay that was accrued within this 12 weeks.

big debate at the moment and no one seems to be able to give a clear answer.

any help?

General_Grant

Mission193 said:

Hi all

quicky question.

if you are being made redundant and you have 12 weeks notice pay. If the company says you won’t need to work your notice are you entitled to the holiday pay that was accrued within this 12 weeks.

big debate at the moment and no one seems to be able to give a clear answer.

any help?

You mention being entitled to notice pay but not working your notice.
If you are not required to work are they actually terminating your employment before the expiry of 12 weeks notice and thus you are being paid in lieu of notice (PILON)? 
If you are receiving 12 weeks' PILON then there is no notice period in which holiday is accrued. 
If, however, you are on gardening leave (employed but not required to go into work), then holiday accrues.  Howver, the employer can say that you take any accrued holiday during that non-working notice period so you don't get any extra pay.