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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Having been subject to aTUPE move to a new employer, I am considering

Customer Question

Having been subject to aTUPE move to a new employer, I am considering leaving their employ as it is not what was relayed vervbally in terms of conditions - If I tender my notice will my employer have the right to insist that I take any outstanding accrued Holiday entitlement (25 days) within as part of my notice period
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today. Does your employment contract specifically state that they may do so and how long is your notice period?

JACUSTOMER-ywcjol8a- :

technically 1 month, but as I worked for my previous employer for some 14 years my old contract required 8 weeks and possibly 12 weeks

JACUSTOMER-ywcjol8a- :

I am hoping that it may only be 1 calendar month

Customer:

What does your contract say about requiring you to take holiday during your notice period?

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Expert:  taratill replied 2 years ago.
Hi in order to answer your question I need to know if the contract allows them to require you to take holiday in the period?
Customer: replied 2 years ago.

I do not believe that there is any reference in my old contract to taking holidays as notice period, I have not yey received any new contract from my new employeri

Expert:  taratill replied 2 years ago.
well it is your old contract that applies. Your notice should be as stated in your old contract as well.
if the contract does not allow it then they can only require you to take holiday under the Working Time Regulations, they would have to give double the notice of the length of time they require you to take, so for 25 days it would be 50 days notice. If you are required to work a months notice then they would not have time. They could however give you a 2 weeks notice of a weeks holiday and require you to take part of your holiday in the notice period.

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