Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
Hi there. Can I just check, how many days does this equate to? and how long has she worked there for please?
OK and please could you also clarify how many days she is entitled to contractually?
OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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. Employees have certain rights in relation to holidays and the main thing to be aware of is that they have minimum holiday entitlements based on the number of days they work. A full time employee working 5 days a week is entitled to 28 days holiday a year, with the entitlement reducing pro rate for part time workers (e.g. 4/5ths of that entitlement for someone working 4 days a week).
So you first need to establish what entitlement she had for the holiday year. Once you have that, you need to check how many holidays she has taken. Any officially booked holidays would be taken off and then you also have the clause in the contract which states that she is expected to take a month off in the summer holidays. You can argue that it means she was already officially given notice that a month of her holidays would be taken during that period and it is automatically the case. So you would then have to ensure you pay her full pay for that time. If her furlough payment was 80% wages, you have to top up the 20% to ensure she is paid full pay for these days. However, if her furlough pay was already 100%, then she won’t be due anything extra for them now.
Hopefully this clarifies your position.
You are most welcome. If you have any further questions about this then please do not hot hesitate to get back to me and I will be glad to help. All the best