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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50137
Experience:  Qualified Employment Solicitor
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I've been working for FCBC (Morrison Construction) since

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My name is ***** ***** I've been working for FCBC (Morrison Construction) since October 2014. In mid November I was approached by HR manager who told me that there will be redundancy process held with me. The 1st consultation was on Monday 4/12/2017 where I was told that my position as admin assistant will no longer be available but I can attend an interview as they are looking for Administrator. Outcome letter from this 1st consultation stated that I am here for 2 years and I will have 2 weeks notice and 2 weeks of redundancy pay in case I will be made redundant. I went to the HR office to tell them I am here for over 3 years and that their calculations are wrong. They issued another letter stating typing error and I am entitled for 3 weeks notice and 3 weeks of redundancy pay. After the interview on the 2nd consultation held on Monday 11/12/2017 I was told that I wasn't successful at the interview for Receptionist administrator and I am being made redundant. My notice period started on that Monday 11/12/2017 and based on outcome letter my last day of employment will be 31/12/2017. This project is shut down from Christmas and last working day is 22/12/2017 which means I will have only 2 weeks notice as I am forced to take my remaining holiday. This way I will loose full week of pay. My question is If they have to pay me the third week of notice as pay in lieu of notice as they don't want me to work my third week of notice. I talked to HR manager multiple times about this but I was told that I am just unfortunate. A few people told me that they can't do that and I should fight for the money. Can you please advise If there is a way I can get the money from them? There is too many mistakes in their letters. They keep changing title of the position still remaining, they don't have my current job title right... I feel like they know they made a mistake when they thought I only have 2 weeks notice so they scheduled the consultation as they did but then they realised I am owed 1 more week.
Anyway.. I will appreciate any advice you can give me.
Thank you
Lucie Opltova

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

So what have they actually said about this, if anything at all?

Customer: replied 4 months ago.
Hi Ben,
the HR manager told me that my 3rd week of notice is unfortunately Christmas break and there is nothing I can do about it. I told her that I didn't request a holiday for that time but she said it doesn't matter. I don't trust her at all. After all these years I've been working with her I know very well how unprofessionally she deals with everything. Also payroll department told me that this is not right.
Customer: replied 4 months ago.
Sorry, still at work and I sit in open plan office so phone is not really the best idea right now

No problem at all and thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 4 months ago.
That suck :-D At least I can say I tried. Thank you for your time and have a nice evening

you are welcome and all the best