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Good afternoon, thank you for contacting Just Answer my name is***** am a solicitor and I will be assisting you today. Does your mothers contract specify the length of her notice period?
Thank you for the clarification, an employee can ask to take holiday in your notice period, but it's up to your employer to decide if you can take it.
Your mum should have specified that this was to contribute to her notice period. However, your mother could leave and on the 15th September and there is very little that the employer can do about this.
They could try to make a claim for breach of contract, however the costs of the claim would greatly outweigh any award. In addition with a breach of contract claim the employer would need to show losses however they are going to find it virtually impossible to show any loss in the circumstances.
Do you have any follow up questions?
This is likely to amount to a penalty clause. A clause is likely to be unenforceable for being a penalty where it is intended to punish the employee, rather than compensate the employer for reasonable costs.. However, this is usually decided on a case by case basis and decided by the facts of the matter.
There would be little need to instruct solicitors as there is so far no legal action being taken. I would advise that she does respond so that the company can find an employee to cover her work if she does intend to be absent.