Owed holiday rights when resigning

General_Grant

brothermalzone said:

Thanks for your help.

I think the issue will be if my hours are reduced to only part time for the last couple of weeks. This puts me in a difficult situation financially as I'm unable to move on somewhere else full time.

I can certainly use my holiday up to get out of full time shifts but they're intending to keep me on until the end working a few random shifts each week. Are they able to do that? 

They can have you coming in for odd shifts and can cancel your holiday (with notice) but I do not see they can use those written terms to arbitarily reduce the hours for which they pay - the hours would not be on any of the three grounds they mention.

brothermalzone

When you say cancel my holiday - They're able to use my accrued holiday against my usual full time shifts? I haven't been notified of this and it seems the new member of staff has been rotered in for my usual hours instead of me. 

pinkshoes

brothermalzone said:

When you say cancel my holiday - They're able to use my accrued holiday against my usual full time shifts? I haven't been notified of this and it seems the new member of staff has been rotered in for my usual hours instead of me. 

They need to pay you IN FULL for your notice period.

But... they may also allocate your 20 days of holidays to be taken during this period.

If you are put on gardening leave then the normal practice is to allocate any unused holiday as it saves them having to pay it at the end. e.g. if you are not in work then they may as well use up your holiday entitlement. On days that are not "holiday", they can then ask you to come in on gardening leave...

brothermalzone

Thank you. Something new has just surfaced.
Basically I'm on flexi-furlough and when we returned our hours were not quite back up to full time (around 25-30 per week).
I have just been informed that the new member of staff will be taking over my full time shifts so I'll obviously be losing money this month. 
I challenged this and said my hours can only be reduced right down in extreme circumstances (as per my contract) and they've basically said 'because you're on flexi furlough and the gov pay a percentage when you're not working it's OK to do.

Is this lawful?

Thanks again. 

brothermalzone

My argument is that I should only be furloughed if the work isn't there...and it clearly is. It doesn't seem right that my usual shifts are being taken over. 

getmore4less

I think there are some  rules on no fulouogh during notice.
one to investigate if it applies to resignations