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    • Scottie48
    • By Scottie48 16th Nov 19, 5:48 PM
    • 4Posts
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    Scottie48
    Redundancy and outstanding holidays
    • #1
    • 16th Nov 19, 5:48 PM
    Redundancy and outstanding holidays 16th Nov 19 at 5:48 PM
    Hi,I'm looking for a bit of advice if anyone can understand what I am about to post. I am being made redundant as of the 30th of this month,only been there 12 months so I am aware there's no redundancy payment due. Now whilst I'm being paid to the 30th ( monthly paid last Friday of each month) the company I work for lose their UK licence to operate as of the 26th so I couldn't work beyond then anyway. As of receiving my redundancy notice I was owed 13 days holiday but have now been told my last day will be next Friday 22nd and that the following week (7 days) has been taken from my outstanding holidays therefore I will be only paid 6 days. Please,if you can understand what I have posted,are the company allowed to do this in respect of using my holidays in respect of what is a weeks notice ? obviously I would have much preferred the 7 days to have been paid whilst I'm out of work.Thank you
Page 1
    • getmore4less
    • By getmore4less 16th Nov 19, 7:07 PM
    • 38,055 Posts
    • 23,619 Thanks
    getmore4less
    • #2
    • 16th Nov 19, 7:07 PM
    • #2
    • 16th Nov 19, 7:07 PM
    What does the contract say about holidays?

    Any clauses that could override statutory notice required by

    http://www.legislation.gov.uk/uksi/1998/1833/regulation/15/made
    • sheslookinhot
    • By sheslookinhot 17th Nov 19, 9:19 AM
    • 1,233 Posts
    • 819 Thanks
    sheslookinhot
    • #3
    • 17th Nov 19, 9:19 AM
    • #3
    • 17th Nov 19, 9:19 AM
    It seems rather than redundancy you are being “let go”. As you say, you are not there long enough to be made redundant.
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    • Scottie48
    • By Scottie48 17th Nov 19, 2:12 PM
    • 4 Posts
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    Scottie48
    • #4
    • 17th Nov 19, 2:12 PM
    • #4
    • 17th Nov 19, 2:12 PM
    Thank you both for your replies,much appreciated. I've managed to get hold of a copy of my contract now and having read a clause it appears I'm up the creek without a paddle! It reads:
    " If you have holiday entitlement still owing,the Company may,at its discretion,require you to take your holiday during your notice period or make a payment in lieu of untaken holiday entitlement"
    Having read that,whilst I feel it is unfair it appears that it's an argument I've no chance of winning.Just to re-iterate that I've 13 days holiday outstanding and they have agreed to pay me 6,taking back 7 whilst I am in my notice period
    • lincroft1710
    • By lincroft1710 17th Nov 19, 4:10 PM
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    lincroft1710
    • #5
    • 17th Nov 19, 4:10 PM
    • #5
    • 17th Nov 19, 4:10 PM
    Sorry, but unless you have been given less than contractual period of notice, I cannot see the problem as you are effectively being paid for 13 days holiday.
    • getmore4less
    • By getmore4less 18th Nov 19, 2:24 PM
    • 38,055 Posts
    • 23,619 Thanks
    getmore4less
    • #6
    • 18th Nov 19, 2:24 PM
    • #6
    • 18th Nov 19, 2:24 PM
    Thank you both for your replies,much appreciated. I've managed to get hold of a copy of my contract now and having read a clause it appears I'm up the creek without a paddle! It reads:
    " If you have holiday entitlement still owing,the Company may,at its discretion,require you to take your holiday during your notice period or make a payment in lieu of untaken holiday entitlement"
    Having read that,whilst I feel it is unfair it appears that it's an argument I've no chance of winning.Just to re-iterate that I've 13 days holiday outstanding and they have agreed to pay me 6,taking back 7 whilst I am in my notice period
    Originally posted by Scottie48
    They are not taking holiday back they are making you take the holiday as per the contract(no different to making people take BH).


    Having said that your initial post needs some clarification.


    I was owed 13 days holiday but have now been told my last day will be next Friday 22nd and that the following week (7 days) has been taken from my outstanding holidays therefore I will be only paid 6 days. Please,if you can understand what I have posted,are the company allowed to do this in respect of using my holidays in respect of what is a weeks notice ? obviously I would have much preferred the 7 days to have been paid whilst I'm out of work.Thank you
    what is key here is when they plan to terminate the contract.

    If that is still going to be 30th of Nov and they are saying don't come into work you are on holiday then that is fine.
    (Those without outstanding holiday would need to be paid for their notice.)

    NOTE : holiday accrues upto the 30th Nov.


    If they plan to terminate before then say the 22nd then they can't use the holiday to cover the PILON payment that would be due even with that holiday clause.

    Holiday would accrue upto 22nd(or whatever date was used to terminate)


    What is not clear is why they are taking 7 days holiday.

    If you only work 5 days a week they should only take off 5 days to cover that week, if they are using 7 days they need to pay you for 7 days.
    • General Grant
    • By General Grant 18th Nov 19, 2:36 PM
    • 1,289 Posts
    • 1,169 Thanks
    General Grant
    • #7
    • 18th Nov 19, 2:36 PM
    • #7
    • 18th Nov 19, 2:36 PM
    It seems rather than redundancy you are being “let go”. As you say, you are not there long enough to be made redundant.
    Originally posted by sheslookinhot
    You don't need two years' service to be in a redundancy situation, simply not be entitled to statutory redundancy pay.

    The "letting go" will actually be a "dismissal on the grounds of redundancy".
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