Redundancy, No contract and Holiday Pay

Marnelakis · 10 May 2018 at 4:27PM

Hi all

I have today been made redundant (out of the blue) and given notice until tomorrow, with one week's holiday pay as a goodwill gesture.
I have worked for the company for 5 months and have never received a contract or a handbook, nor have I taken any holiday in that time.
I have queried the 1 day notice and 1 week holiday pay with my employer as I believe:
minimum notice period is one week, irrelevant of whether a contract is in place
I was unaware that the holiday calendar ran from April to March annually (the argument my employer now presents), therefore my holiday accrues from the day I started working for him

He is refusing to budge. Do I have any argument?

thank you in advance!

General_Grant · 10 May 2018 at 9:40PM

You are indeed entitled to one week's notice. Though you are not being asked to work it, you are entitled to be paid.

Before the expiry of what they claim is the holiday year, you should have received written particulars of your employment which would include information about holidays. Without written information having been given to the contrary, you would have a personal holiday year starting on the day you began working for them.

Were you paid for any holiday you took at Christmas/New Year and Easter - or the May Day Bank Holiday?

[Deleted User] · 10 May 2018 at 10:11PM

How rotten.

I remember being made redundant in 2013 at 3 months and they paid us 1 week's notice. I remember payday on the Friday and then returning on Monday and being handed a cheque for a little more money, all very neat - it was one of the fewer organisations it turns out I worked at that encouraged holiday from the outset of starting (so it was less to pay on top of notice)

Though I recently had an interview, where it was said nothing should be assumed and left not challenged - not allowing something to roll over is both the employee and employer responsibility. I had asked a question about reviews and it said sometimes these might slip (even with the importance of the industry) but it expects the employee to realise and start asking at the relevant time. Previous to this I'd have said missed reviews were the employer's alone wrong doing but clearly that wasn't right and keeping your head down over such matters isn't always for the best.

Marnelakis · 11 May 2018 at 11:44AM

Thanks for your replies - I a definitely going to start a formal grievance process

Redundancy, No contract and Holiday Pay

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