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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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Opinions wanted please.... I have just handed in my notice

Resolved Question:

Opinions wanted please....
I have just handed in my notice at work, (on 21st ) given them a full months notice as required, my last day will be 21st august.
At the time I was at a van stock check, and was told to leave van and all tools etc etc, and that would be my last day, I would no longer be required to work (gardening leave I think they call it) and the company arranged a one way hire on a car for me to get home.
I have a holiday booked for the first 2 weeks of August, and they are telling me that they will still want me to keep the days booked off, and they will come off any final payment due to me.
I, on the other hand want to cancel the 2 weeks, as it is they who have told me to "clear off" and I would obviously like to receive the payment for holidays untaken.
it works out that we accrue about 2.5 days per month, so with what I have taken so far, I should get a normal months money, but with the 2 weeks taken off, I will be short.
I would have been perfectly happy to work my notice, take my holiday, and receive what was due.
Hope this is clear, who is in the right here?
Read more: http://www.diynot.com/diy/threads/bit-ot-any-barrack-room-lawyers-here.438956/#ixzz3gnb3vopU
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Are you normally paid for periods of annual leave?
Customer: replied 2 years ago.

Yes we have 25 days paid holiday per year.

Expert:  taratill replied 2 years ago.
So why are they saying you will not be paid for the holiday?
Customer: replied 2 years ago.

They are not saying I wont be paid, what would happen if I cancelled the holiday?

Expert:  taratill replied 2 years ago.
So are you saying you want to be paid 4 weeks notice plus 2 weeks in lieu of holiday at the end of the notice period? I just want to be sure I understand the question?
Customer: replied 2 years ago.

I had 4 weeks left to work, or would have, if THEY had not told me to go there and then.

2 weeks of this was holiday, what happens if I now cancel the 2 weeks holiday?

I would not technically be paid for the holiday ,it just would not be taken off any remaining money to me.

as stated earlier we accrue approx. 2.5 days per month, with what ive taken already, I should be about even, with the 2 weeks taken off any final payment, I think im going to be very short.

I think I may struggling to make myself understood here.

Thanks

Expert:  taratill replied 2 years ago.
It can be tricky when advising on line.
If your contract says 4 weeks notice then whether they require you to work or not this is what you are entitled to receive pay for.
If you have 2 weeks leave in that notice period then it makes no difference you are still entitled to 4 weeks pay.
If they fail to pay you then they are in breach of contract and it would amount to an unlawful deduction from wages and you can raise a claim to recover the unpaid notice/ holiday.
If there is anything else you would like to know please do let me know. 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: replied 2 years ago.

Hi thanks for your reply, would you advise that I cancel the 2 weeks holiday, and see what they say?

am I able to come back here in a couple of days time without paying again, as its a follow on from the original query.

Thanks

Expert:  taratill replied 2 years ago.
Yes it's fine to come back.
I am not clear why you want to cancel the holiday though? You would be paid either way!
Customer: replied 2 years ago.

If I cancel the holiday ,they still have to pay 4 weeks notice right?

so instead of using holiday pay, I will be getting part of my 4 weeks notice pay.

this means that the 2 weeks holiday will not be deducted from my final salary payment,as it goes into holiday not accrued yet

please tell me you understand what im getting at here.

Many thanks

Expert:  taratill replied 2 years ago.
I think we are going round in circles I asked you if this is what you meant earlier and you didn't say it was!
You cannot do this successfully I'm afraid as in a notice period an employer can require you to take holiday to avoid paying you in addition to the notice period.
All they have to do is give notice under the working time regulations. There is no right to cancel holiday in these circumstances to gain a double payment.
I am sorry about that.
If you have any further questions please ask. I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time. Thank you and all the best.
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