Employment Lawyers Can Answer Your Employment Law Questions
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So what have they actually said about this, if anything at all?
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Many thanks for your patience. Under contract you are entitled to 3 weeks notice in the event of termination, which the employer has given you and which makes your official leaving date 31 Dec. However, it is entirely possible for an employer to request that you take some or all of your outstanding holidays as part of your notice period, meaning you do not get paid ‘extra’ for them once you leave. This is a right the employer has under the Working Time Regulations 1998, which allow them to force employees to take their holidays on days nominated by the employer.
The only requirement is that the employer provides you with sufficient notice of their request and under law this must be at least twice as long as the days you are asked to take. In your case I assume you have 5 days’ holiday which they want you to take over the last 5 working days of your notice. This means they must advise you of their decision at least 10 days before this holiday period is due to start. However, as long as the minimum notice period has been given, it is perfectly legal for the employer to make you take any outstanding holidays as part of your notice period.
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