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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Hi, We are a limited company of 17 people. An employee of

Resolved Question:

Hi,
We are a limited company of 17 people.
An employee of 5 years has handed in his 4 weeks notice today. He has 8 days holiday left owed to him. Can we ask him to take the 8 days as part of his 4 weeks notice, or do we have to include the holidays in addition to the 4 weeks notice, and pay him in lieu?
Thanks!
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello does the contract state that the employee may be required to give notice or not?

taratill :

I am sorry I mean to say does the contract say that the employee may be required to take holiday in the notice period?

Customer:

Hi, the contract says the employee must give 4 weeks notice, but does not state the employee may be required to take holiday in the notice period.

taratill :

Hi you can require an employee to take holiday at a particular time under the working time regulations but you must give double the number of days notice of the days you requie them to take. You therefore need to give 16 working days notice to require them to take 8 days leave. It is therefore not possilbe to require them to take all of the days holiday in the notice period. They may agree to it though or you could require them to take some days under this rule and pay them for the rest at the end of the period.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

ok thank you for clearing that up.

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