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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 74495
Experience:  Qualified Employment Solicitor
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Can your confirm my rights with regard to contractual and

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Can your confirm my rights with regard to contractual and purchased holiday now I am about to be made redundant
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Only my manager who wishes want me to take my holiday on my furlough/ notice period rather than pay it. I’ve also been making a salary sacrifice to purchase additional holiday and I don’t know how I stand with that
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i don’t belong to a union

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Can I just check, how long have you worked for this employer?

Customer: replied 1 year ago.
2 years 2 months
Customer: replied 1 year ago.
Cancel phone call request, didn’t see the cherge
Customer: replied 1 year ago.
Cancel call request, I don’t accept the charge

Ok What do you specifically want to know about this, please?

Customer: replied 1 year ago.
Is my employer within their right to force me to take holiday while I’m on notice rather than pay me? How will my additional purchased holiday be dealt with as I am continuing to make a salary sacrifice for holiday I now won’t be able to use

Does your contract say anything about these purchased holidays and what will happen in the event of termination?

Customer: replied 1 year ago.
No

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. It is entirely possible for an employer to require you to take your holidays during your notice period. The notice period is no different to any other time during your employment and your usual rights continue during that time.

All they have to do is act in accordance with The Working Time Regulations 1998 which require a certain length of notice by the employer before they can force you to do so. This must be at least twice as long as the holidays they want you to take (e.g. 5 days holidays to be taken at once require 10 days notice in advance).

In terms of the purchased holidays, these are not specifically dealt with under law, but common sense would dictate that these should be counted as part of your total holiday allowance as above, or if they remain untaken – a reimbursement is due to you for hem.

Does this answer your query?

Customer: replied 1 year ago.
thank you

All the best

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