Notice period- can an employer send sb on holiday time during notice period?

Discussion in 'Employment & HR' started by Adalbert, Jun 12, 2019.

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  1. Adalbert

    Adalbert UKBF Newcomer

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    Hello,
    If someone has a one week notice period in their contract and recives notice, can the employer make the employee to use his or her unused holiday, or the employee is entitled to work normally for the whole notice period, and then an employee may go for a holiday or receive the equivalent of the holiday period?
    It's better for an emplyee to have more money, i.e. to work a week + to collect money for the unesed holiday than to collect money for the holiday only.
    Otherwise, if you feel that you are about to be fired, then it's better to go for the holiday?
     
    Posted: Jun 12, 2019 By: Adalbert Member since: Jun 12, 2019
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  2. Recruitment&HR

    Recruitment&HR UKBF Newcomer

    59 9
    It depends on the contract. By statute an employer is allowed to stipulate when an employee takes holiday by notice that is twice the period of holiday... so for one week, the employer has to give two weeks' notice.

    Likewise, whether the employee has the right to work the notice period (regardless of the above re holiday), depends on the contract. If there is a payment in lieu clause in the contract, the employer may make payment in lieu of notice. No holiday accrues for the period for which the employer makes payment in lieu. So if an employer gives one week's notice today, and sends the employee home, the employee would receive normal salary & benefits until today plus a week's notice pay plus payment for any accrued but untaken holiday. Again, this is only possible where there is clause re payment in lieu of notice... or by mutual agreement.
     
    Last edited: Jun 12, 2019
    Posted: Jun 12, 2019 By: Recruitment&HR Member since: May 30, 2019
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  3. Newchodge

    Newchodge UKBF Legend

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    An employer may require you to take holiday at any time, provided they give you the right notice - twice as long as the time off. So if they want you to take a day off they must give you 2 days' notice.

    If you have accrued unused holiday when you leave you should receive payment in lieu
     
    Posted: Jun 12, 2019 By: Newchodge Member since: Nov 8, 2012
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  4. strikingedge

    strikingedge UKBF Ace

    462 112
    We structured our employment contracts so that we could insist the employee take some of their notice as holiday.

    (Most notice periods are between 1 and 3 months, and untaken holiday is usually only 2-5 days, so we don't encounter issues with insufficient notice.)

    In practice, if the employee is good and just moving on, we want them in the office as much as possible to ensure a decent handover, so we pay any untaken holiday as a lump sum at the end.

    However, if the employee is disaffected, unlikely to work professionally or incompetent, we'd either ask them to leave early by taking their holiday at the end of their notice period, or just let them leave immediately / "work from home", with holiday taken as part of the notice period.

    Like a lot of employers, we can have some quite restrictive clauses in contracts that are not there to exploit or penalise people, but protect us from the bad apples and used selectively as a result.

    If the employer doesn't have anything explicit about taking holiday as part of your notice period, then you should challenge it.
     
    Posted: Jul 7, 2019 By: strikingedge Member since: Jan 25, 2009
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  5. Newchodge

    Newchodge UKBF Legend

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    An employer hasd a legal right (whether it is in the contract or not) to require an employee to take holiday at a particular time, provided they give the legal notice (twice the holiday amount).
     
    Posted: Jul 7, 2019 By: Newchodge Member since: Nov 8, 2012
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  6. strikingedge

    strikingedge UKBF Ace

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    I don’t disagree. However the advice from our lawyer and HR manager was that it was better to have it in the contract. They both felt it wasn’t as clear cut as we thought.

    We might have a legal right to do something, but if the employee disagrees then they have a legal right to challenge it.

    Win or lose, it still takes up time and attention to sort this stuff out, and it isn’t a great look being in litigation with current or former employees....it affects everyone else and you’re guaranteed a negative Glassdoor review!
     
    Posted: Jul 7, 2019 By: strikingedge Member since: Jan 25, 2009
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