Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
When does your holiday year run from/to?
Thank you. By the time you leave your job on 10 June, you would have accrued 12.4 days’ leave. If you have only taken 12 days up until that date, then you would be owed 0.4 days’ leave.
As to notice pay, there is an obscure part of the law which will likely prevent you from getting full pay during that time. Under s.87(4) of the Employment Rights Act 1996, the employer's liability to pay the employee in full for the statutory notice period does not apply if the employee's contract requires the employer to give at least one week more than the statutory minimum notice (1 week) to terminate the contract.
Therefore, where an employee is under notice while on maternity leave and she would be contractually entitled to at least one week more notice than the statutory minimum (1 week in your case) from her employer, she will be entitled only to maternity pay during her notice period.
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you said 10 June?
In the letter from the employer?
Ok, so if they are letting your notice run its course and not paying you in lieu of notice, then your employment will terminate on 10 June – that is the official date of termination. So the answer to the holiday question remains the same.
As to the notice pay, it is also largely the same, but you are entitled to full, normal pay for the 5 days up to the start of your maternity leave and then from the 15th onward it will just be maternity pay.
Hope this clarifies?
you are most welcome