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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Good morning, I have recently taken voluntary redundancy,

Resolved Question:

Good morning,
I have recently taken voluntary redundancy, after 4 years service. Before I put myself forward as a volunteer, I asked my Manager to confirm the redundancy package. He confirmed by email;
'The redundancy will take effect from Tuesday 3rd June and, following your one month period of notice during which you will be paid as normal, you will be paid any accrued holiday entitlement and a redundancy payment in accordance with statutory levels.'
I have not received any holiday and so I contacted payroll. After several emails, payroll told me that 'Under Work Time Regulations the employer has the right to nominate days of holiday.
In this case the days of your statutory notice period are the nominated days. It is not a question of notice plus holiday.'
I was on maternity leave and due to return to work in August.
This is the second time that my company have misled me. In addition to this, I did not receive a payrise in October 2013, even though I was verbally told that I would, and my colleague did. When I questioned this they couldn't give me any reason as to why.
Thanks for your time and advice.
Helen
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hi my name is ***** ***** I am happy to help you today. To be clear you were not told you were required to take holiday during then notice period and your employment has now ended?

Customer:

Hi Jenny,

Customer:

I was on maternity leave, which commenced August 2013 and I was due to return August 2014. I was not told that my notice period would be my accrued holiday and my employment has now ended.

taratill :

Sorry I'm still not clear were you told before your employment ended that you would be required to take holiday in the notice period. In other words was this explained to you in advance or is only after the event that they have told you.

Customer:

It was not explained that I would be required to take annual leave during my notice period because I was on maternity leave. It was only after my query about my pay that the company told me that they have the right to nominate untaken holiday days and in my case, this was my notice period.

taratill :

Ok they are not entitled to restrospectively do this. Technically they can require you to take annual leave in this way even if you were on maternity leave but under the Working Time Regulations this should be done in advance and you should have been given double the notice of the amount of time you were required to take. As this has not happened you are entitled to pay under the Working Time Regulations. You can write to ask for the money. If it is not paid then you can raise a claim in the employment tribunal.

taratill :

If you have any further questions please ask. If i have answered your question please remember to rate my answer. Thank you and all the best.

Customer:

So, just to confirm;

Customer:

I received 1 month notice period plus 4 weeks pay (1 week for every year). In addition to this I should have also received my accrued holiday (19 days) or another months notice??

taratill :

Hi you are entitled to the outstanding accrued annual leave i.e. 19 days. You are not entitled to any further notice.

Customer:

Thank you for your time. Your help is most appreciated.

taratill :

No problem, please remember to rate my answer as it is an important part of the process. Do come back to me in the future if you need to.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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