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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have been made redundant and my last working day was

Resolved Question:

Hi, I have been made redundant and my last working day was 2nd May. I was given 3 months lieu of notice (April/May/June), and worked April. At my original meeting I was verbally told that I would be paid holiday owing despite my letter stating that all holiday needed to be taken during the first month of notice (April). I have now received my final letter with updated statutory redundancy pay, but the new letter now says that any leave outstanding and not taken during that first month will be assumed taken during the remaining period of notice (May/June in which I will receive my normal salary). Just wanted to know if this is legal for them to do, or have I any further action?
Thanks.
Dave.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How much leave are you due?
Customer:

12 days

Ben Jones : How much holiday do you get a year?
Customer:

28 days

Ben Jones : So are they paying you for the outstanding holidays?
Customer:

No. As I said, I received normal salary for April and will also for May and June (lieu of notice period). I am confused as I could not take those holiday days owing in the first month as I worked it (agreed by both parties), and as I am now finished, wanted to check if these 12 days are allowed to be added in to the remaining 2 months of lieu of notice?

Ben Jones :

When does the leave year run from/to?

Customer:

January to December

Ben Jones :

Well you are still owed those 12 days because you did not take them whilst you were still employed by the company. They may have said you should try and take them in April but unless you actually did so, the leave would remain outstanding and you should be paid for it. Therefore, if you are owed 2 months' salary for May and June, you must be paid the normal pay for that period and on top of that you must be compensated for the 12 days' holiday that remains outstanding. It is not possible for the company to say that you would have taken the leave in May or June and refuse to pay you additionally for it - that simply cannot happen legally. The leave can only be taken whilst you are still employed by the company and working for them, once your employment has been terminated, if the leave is outstanding, you must be paid for it in addition to any outstanding salary

Customer:

Can you please advise me on the next step. Should I e.mail my boss with this info, or what is my best step forward?

Ben Jones :

Yes, at first you need to inform the employer that what they are doing is incorrect and request that the outstanding leave is paid in addition to your salary that is due. If they do not pay you once you receive your final pay, send them another, final, reminder and state that non-payment would result in you taking formal legal action to recover what is legally due to you. Then you have the option of taking the matter to the employment tribunal to pursue them for what you are owed

Customer:

Thank you so much Ben, You have really been a great help.

Ben Jones :

You are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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