Holiday pay

callyboy

Hi everyone,

hope someone can help my son out please.

He has just been dismissed from work(fair enough). He has been given his 1 month notice, but they have told him not to work it. He is owed approx 15 days holiday pay but they have said that he has to take this during his notice period(thereby saving themselves money).

Can they do this?

Any help much appreciated.

Thanks

Pete

p00hsticks

Yes they can.

TELLIT01

The employer has complete control over when holiday is taken.  They can insist that all, none or part of holiday entitlement is taken during notice period.  In this instance they have said all remaining holiday entitlement must be taken during the notice period.  That is entirely legal.

Not requiring him to work his notice period also leaves him free to seek new employment whilst being paid.

400ixl

So essentially he is being paid for the full month of his notice period, part of which is made up of his accrued holiday.

Yes, that is legal, as is not requiring him to turn up for work during that month. Just be careful of any requirements that he must be available to work if required. So no jetting off on holiday during this period.

There is no requirement for them to allow him to work his notice period and then claim the accrued holiday as additional payment.

General_Grant

400ixl said:

So essentially he is being paid for the full month of his notice period, part of which is made up of his accrued holiday.

Yes, that is legal, as is not requiring him to turn up for work during that month. Just be careful of any requirements that he must be available to work if required. So no jetting off on holiday during this period.

There is no requirement for them to allow him to work his notice period and then claim the accrued holiday as additional payment.

Well if they say he's being required to take his accrued holiday during the notice period then he is free to do that.  But they, OTOH, should say which days count as being holiday.  In reality, I doubt they would call him in but he does need to look for other work unless he has something lined up already.