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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 7214
Experience:  Owner at James Bruce Solicitors
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I want to take paid leave (Short Employment break) from my

Customer Question

I want to take paid leave (Short Employment break) from my employer. I wanted time for myself and think about my career.
I have spoken to my line manager and non-paid leave is offered (Short Employment break) by my employer to all the staff as standard.
The policy says the leave can be taken for up to 6 months and I will remain the employee, but no pay will be given except the bank holidays. It says during short employment break, I cannot start a business venture or take employment
Whilst I was making the plan and already booked my (Short Employment break) on the HR system, my employer has announced redundancy assessments and put employees on risk, I am also included. The assessment will conclude in end of July/start of Aug 2022 whilst my planned nonpaid leave (employment break) was from 01 June to 15th Aug. This means I will be on leave during the assessment and most likely will be made redundant.
I am happy to get the redundancy in fact I will choose these options as I was already taking break to think about my career and looking at job market. In the mean while I am also offered a contract role from other recruitment agency via Umbrella inside ir35 and I want to join that contract. At the same time, I want to remain on the non-paid leave (Short Employment break) so that my employer finalize the redundancy and I will get the redundancy pay as well. But I am reluctant to take that contract due to the clause in the HR policy for non-paid leave.
Please note that, the first payroll of the contract will run 02nd July so I will be paid any salary from the contract until 2nd July and I may be able to get answer from my employer about my
I want to know in this situation if I still go ahead and take my break and take the contract and if my employer finds out. what will be my options - I know it may be against policy but given the situation, we are now put in risk, I wanted to take the employment break to conclude redundancy and start contract to future secure my earning.
I am reluctant to do so, although I really want to do it, I am not sure if my employer finds out what will be the result.Please let me know my options. This clause in not in my employment contract but a HR policy on company portal.
Submitted: 17 days ago.
Category: Employment Law
Expert:  james bruce replied 17 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Customer: replied 17 days ago.
Hello James - Thanks for your help. I am keen and looking forward for your feedback. Please let me know if you have any questions.
Customer: replied 17 days ago.
I have meeting with HR tomorrow morning and will really appreciate if you can give me your advice please.
Customer: replied 17 days ago.
Just to make sure - I want to take "NON PAID Leave" - In the start of my question there is typo it should say non-paid.
Expert:  james bruce replied 17 days ago.

I understand the non paid leave matter, to is good to see an employer offer such a possibility.

They do have the  cannot start a business venture or take employment, clause.

Expert:  james bruce replied 17 days ago.

If you take on a new position whist on unpaid leave, you will be in breach of the employment and your employer could treat that as gross misconduct and dismiss you.

The dismissal may not cause a problem for you as you would have the new job, but, youmwould any possibility of redundancy.

Customer: replied 17 days ago.
Sorry - this part I did not understand in your answer "but, youmwould any possibility of redundancy." - Do you mean I will lose the redundancy pay ? will it also effect my future employment prospects with the same employer ?
Customer: replied 17 days ago.
Also .. is there any rule that helps me .. lets say if I resign at this stage while they put me in risk .. but pending assessment .. will I be able to get redundancy pay as I have resigned after being pointed as in risk ?
Expert:  james bruce replied 17 days ago.

Sorry there was a typo, yes if you are dismissed you would loose redundancy.

If you resign, and are working your notice period, then you would still receive redundancy if the employer ended your employment during your notice period as you are still an employee.

A sensible employer would simply not make you redundant if you have already served your notice to leave and just let you go at the end of the notice thus saving redundancy pay.

Expert:  james bruce replied 17 days ago.

Can I assist or clarify anything further?

Customer: replied 17 days ago.
Thanks - I have 5 weeks annual leave to take. if I resign 01st June .. I can use that holiday to mid July. I have read the consultation briefing and it says outcome meetings can be given by 18th July. one more question I have .. can I work for the contract during my annual leave, I can not see any policy for annual leave on employer portal ???
Expert:  james bruce replied 17 days ago.

Firstly it is up to the employer if they allow the holiday to be taken, they can refuse and pay you what is due when you leave.

Yes you can take on a new or second job whilst on holiday, unless the contract states no second job.

Customer: replied 17 days ago.
Thanks and appreciate your patience. Just so I know my options .. your answers are very helpful thank you. One more question is that what are the rules for the sick leave .. if one is on sick leave .. can he/she work for other contract whilst being on sick leave?
Expert:  james bruce replied 17 days ago.
you can be off sick from one job and still work for another, as long as the hours do not or would not overlap
Expert:  james bruce replied 17 days ago.
Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.
Expert:  james bruce replied 17 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 14 days ago.
Hi - James - I have question regarding redundancy process. I have been sent letter for being at risk and consultation has started . My question is that if I resign during consultation process and redundancy process is not completed. Is there a way i can ask for redundancy payment
Expert:  james bruce replied 14 days ago.

If you resign as an employee during the consultation period, then your resignation would be treated as a simple resignation like at any other time, you would not be entitled to ask for redundancy payment, as you would not be being made redundant, you would have resigned.

In fact by resigning you would be saving the employer possible redundancy payment.