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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48168
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Employers tax question; I am a ltd company and have one employee.

Customer Question

Employers tax question;
I am a ltd company and have one employee. He started on 5th January 2015. I will be sadly telling him his position is closed tomorrow and he has one months notice period In his contract. I understand he is not due any redundancy as he has worked for less then 24 months. He is given 25 days holiday a year plus bank holidays. He has already taken 4 days holiday for this year Jan-Dec. Q; if he has to commit to 1 months notice , will he simply leave the position however many days earlier then a month, or does he have to work the full month and then I have to pay him the amount of days holiday I owe him ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
What is the tax issue here?
Customer: replied 1 year ago.

Sorry, employment law. Shall I resubmit.

Expert:  Ben Jones replied 1 year ago.
No it is in the right category, I was just wondering if I am missing anything. Do you want him to work his full notice period and pay him for holidays on top or do you want him to take his holidays as part of his notice period?
Customer: replied 1 year ago.

No, my fault sorry.

I would prefer him to take the holiday as part of his notice.

Expert:  Ben Jones replied 1 year ago.
You can do so because as an employer you have the right under the Working Time Regulations to force employees to take their holidays at a time nominated by you. All that is required is that you give him notice which is at least twice as long as the leave to be taken. So you will have to sit down and do some maths to implement that. He gets 33 days a year and we are approximately a quarter through so we are looking at something near to 8 days that have been accrued in the current holiday year. He has already taken 4 days so he is only due another 4. You therefore have to give him at least 8 days notice that you want these days to be taken as holiday. If he has a month’s notice you can give him notice when you are giving him notice of termination that you want these 4 days to be taken in the last week of his notice period. He then has to take them and you can pay him for them as part of his notice period rather than as an additional payment. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 1 year ago.

That's perfect! Great answer

Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best
Customer: replied 1 year ago.

One last point to add;

He will need to look for an alternative job when I give him notice. Is he entitled to a certain amount of paid time off, to look for a job or is this just based on an internal agreement, if at all?

Expert:  Ben Jones replied 1 year ago.
There is no legal entitlements to have time off to look for a job so it is based on you and him agreeing to it otherwise he will have to use his holidays or spare time to do this in