Redundancy advice

Session

Session

Midfield
Long story - I found out I've been made redundant along with a few others - a shame, but not a huge shock as there were other redundancies earlier in the year. I have a meeting with HR next week to agree an official leaving date. I have been there just over 6 years, so I'm due 6 weeks redundancy pay as well as 6 weeks notice, which will be payment in lieu of notice. I was hoping to hang around for as long as possible because there is still a fair bit work that needs doing, but I was also wanting to then relax for a couple of weeks over Christmas and New Year and then actively start looking for something else early to mid January instead of lazing around the house for 4 weeks before Christmas and then more after.

My manager reckons I will probably be able to hang around until 14th / 21st December, so this all sounded OK and would give me a bit of buffer to work with and to cover me for a few months in case I can't find work straightaway. One problem I have is that I've got wind that someone else has been told they won't be paid holiday pay - I don't know if this applies to me, but I assume it will and I still have about 12 days which I am owed so I'll be very disappointed if I don't get this and it will also make it hard to leave amicably whether I leave pretty much straight away or hang around until late December, which would be a shame as it's my first real job after Uni and you don't want to leave with a grudge. Can they do this? What would you suggest I do in that situation? Thanks for reading.
 


Session said:
Long story - I found out I've been made redundant along with a few others - a shame, but not a huge shock as there were other redundancies earlier in the year. I have a meeting with HR next week to agree an official leaving date. I have been there just over 6 years, so I'm due 6 weeks redundancy pay as well as 6 weeks notice, which will be payment in lieu of notice. I was hoping to hang around for as long as possible because there is still a fair bit work that needs doing, but I was also wanting to then relax for a couple of weeks over Christmas and New Year and then actively start looking for something else early to mid January instead of lazing around the house for 4 weeks before Christmas and then more after.

My manager reckons I will probably be able to hang around until 14th / 21st December, so this all sounded OK and would give me a bit of buffer to work with and to cover me for a few months in case I can't find work straightaway. One problem I have is that I've got wind that someone else has been told they won't be paid holiday pay - I don't know if this applies to me, but I assume it will and I still have about 12 days which I am owed so I'll be very disappointed if I don't get this and it will also make it hard to leave amicably whether I leave pretty much straight away or hang around until late December, which would be a shame as it's my first real job after Uni and you don't want to leave with a grudge. Can they do this? What would you suggest I do in that situation? Thanks for reading.
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They won't be able to take them off you if they have been accrued. The confusion may be about whether they have been accrued or not.
Say you get 24 days a year, they are accrued at 2 days per month. If your holiday period started in January and you left in February you would only get 2 days, not the full 24.
Hope I haven't misunderstood but regardless, get it in writing and you have to get legal advice anyway so I doubt they could do anything underhand.

MonkeyLove said:
I think he is saying he won't be paid it. As in have to take it which means leaving earlier in December
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Maybe I have misunderstood. :lol:
 
MonkeyLove said:
I think he is saying he won't be paid it. As in have to take it which means leaving earlier in December
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No, not necessarily that mate. I'll find out a leaving date in my meeting on Monday and that could be leave then pretty much straightaway and then get 6 weeks pay and 6 weeks notice, or if I present a case that Christmas is usually busy, plenty to do, handover stuff etc. then that official leaving date could be pushed back and my pay and notice would come into play then, say Dec 21st, but either way, I'm not getting paid holiday for what I am owed.

Clearly I'd rather leave 3 weeks prior and get paid holidays even if I take it then than literally work for nothing until end of December for no extra credit.

My point was, whenever my official date is, I might not be getting paid 12 days (probably more if you get hols added to your notice).

David M said:
Do you still accrue holiday during a redundancy notice period? Is this what they're referring to?
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Yeah, maybe that is it. I could live with that if that was the case, far better than not getting what I am actually owed and could have had those days off earlier in the year.
 
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Session said:
Long story - I found out I've been made redundant along with a few others - a shame, but not a huge shock as there were other redundancies earlier in the year. I have a meeting with HR next week to agree an official leaving date. I have been there just over 6 years, so I'm due 6 weeks redundancy pay as well as 6 weeks notice, which will be payment in lieu of notice. I was hoping to hang around for as long as possible because there is still a fair bit work that needs doing, but I was also wanting to then relax for a couple of weeks over Christmas and New Year and then actively start looking for something else early to mid January instead of lazing around the house for 4 weeks before Christmas and then more after.

My manager reckons I will probably be able to hang around until 14th / 21st December, so this all sounded OK and would give me a bit of buffer to work with and to cover me for a few months in case I can't find work straightaway. One problem I have is that I've got wind that someone else has been told they won't be paid holiday pay - I don't know if this applies to me, but I assume it will and I still have about 12 days which I am owed so I'll be very disappointed if I don't get this and it will also make it hard to leave amicably whether I leave pretty much straight away or hang around until late December, which would be a shame as it's my first real job after Uni and you don't want to leave with a grudge. Can they do this? What would you suggest I do in that situation? Thanks for reading.
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You won't accrue holiday leave for the period of PILoN. Maybe that's what they meant?
 
AndrewP said:
You won't accrue holiday leave for the period of PILoN. Maybe that's what they meant?
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Hope so, would be fine with that if that's the case. You're normally clued up on these threads, would it be pretty much unheard of for them not to pay outstanding hols already accrued?
 
Session said:
Hope so, would be fine with that if that's the case. You're normally clued up on these threads, would it be pretty much unheard of for them not to pay outstanding hols already accrued?
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They should pay your pro-rota holiday allowance up until your contract termination date.
 
I left a job in the early summer, I hadn’t taken any holidays before I left.

The week after I left they paid me a standard week in hand wages.

I contacted the owner who just ignored it, so I bothered him every Friday with a polite text. He didn’t agree with it, however dropped if two weeks wages in cash eventually.

I’m sure your entitled to holidays regardless if your being made redundant.
 
Holiday in your notice period
You can ask to take holiday during your notice period, but it’s up to your employer to decide if you can take it then. You’ll be paid for any holiday you have left over when you leave.

If you do go on holiday in your notice period you’re entitled to your usual wage.

If you get contractual holiday, you’ll need to check what your contract says about holiday.

If your employer tells you to use up your holidays during your notice period
Your employer can tell you to use up any holiday you have left over. They need to tell you when to take the holiday, and they have to give you these dates at least 2 days in advance for each day of holiday. For example, if they want you to take 5 days’ holiday, they have to tell you at least 10 days in advance.

Check your contract, as this might change how much notice your employer needs to give you.

Your notice period during redundancy
 
HellsBells said:
Holiday in your notice period
You can ask to take holiday during your notice period, but it’s up to your employer to decide if you can take it then. You’ll be paid for any holiday you have left over when you leave.

If you do go on holiday in your notice period you’re entitled to your usual wage.

If you get contractual holiday, you’ll need to check what your contract says about holiday.

If your employer tells you to use up your holidays during your notice period
Your employer can tell you to use up any holiday you have left over. They need to tell you when to take the holiday, and they have to give you these dates at least 2 days in advance for each day of holiday. For example, if they want you to take 5 days’ holiday, they have to tell you at least 10 days in advance.

Check your contract, as this might change how much notice your employer needs to give you.

Your notice period during redundancy
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Sounds like he's not going to receive proper notice and will receive a PILON payment in lieu.
 
When i took redundancy, we were all told we'd not recieve any outstanding holiday and would have to take any leave before we left.
That was the civil service so they'll have taken legal advice.
 
walesie said:
When i took redundancy, we were all told we'd not recieve any outstanding holiday and would have to take any leave before we left.
That was the civil service so they'll have taken legal advice.
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That’s basically the same as getting paid though isn’t it? You agree to leave on X date but you actually leave the workplace two weeks earlier but you get paid for those two weeks.

Unless they told you when you could and couldn’t take it.
 
HellsBells said:
That’s basically the same as getting paid though isn’t it? You agree to leave on X date but you actually leave the workplace two weeks earlier but you get paid for those two weeks.

Unless they told you when you could and couldn’t take it.
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Aye true, but I get the sense the op is hoping he'll be able to collect any untaken leave as an additional payment after he's left.
 
walesie said:
When i took redundancy, we were all told we'd not recieve any outstanding holiday and would have to take any leave before we left.
That was the civil service so they'll have taken legal advice.
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That's fine. But he's not going to be given notice as he's getting PILoN instead so he won't he a chance to take them. The redundancy might not happen until he receives official notice. He might not want to waste his holiday in the meantime.
 

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