Redundancy & holiday owed to the company

[gibby]

Hi, We have to make 1 member of staff redundant as the work is simply not there for them to do.
They are part time and been with us less than 1 year
This member of staff will be due 1 weeks notice and has taken more holiday then they are entitled to, due to taking holiday instead of sick day.

Can we let them go immediately, using the owed holiday as a weeks payment?
G

 

[Newchodge]

No. They must have a week's paid notice. You can only reclaim 'overtaken' holiday back at the end of a contract if there is a clause in the written contract that permits you to do so.

 

[matt.griffin]

Cyndy is correct - your employee is entitled to a notice period of at least one week (unless the contract of employment specifies more). You can agree with your employee for them to leave immediately but you will have to pay them in lieu of notice, i.e. pay them what they would have earned had they worked their notice period. Also, as Cyndy stated, you cannot reclaim holiday pay unless this is stated in the contract of employment.

Regards,

Matt

 

[Newchodge]

Assuming that this is defined in an employment contract then they are due the 1 weeks paid notice.

Whether it is in an employment contract or not, they have a statutory right to one week's notice.

 

[Deleted member 232637]

I agree, they are entitled to one week's notice regardless of any holidays extra they have taken.