Thread: Entitlement on Redundancy

Hi everyone - I would be most grateful if someone could give me a littl eguidance on this matter...

I have recently been made redundant and I want to make sure my previous employers have paid me all that I am owed.

I began employment at the company at the end of April last year and was told the final decision after the consultation period on the 20th May just gone. At that point I was informed I could work my notice or take gardening leave, gardening leave being the obvious choice, and my official date of termination of employment being the 20th of June.

My holiday entitlement was 24 days a year so I calculated that I had accrued 11 days. I had taken 2 days prior to this and had 5 days booked which fell into the period of my gardening leave.

My final pay advice has been posted and there is no payment for holidays owed. Is this correct? If you are offered gardening leave can the company write off your holiday entitlement against that? If not should the 5 days I had booked that fell within the gardening leave period be payable plus the remaining 4 days accrued be payable?

And finally my redundancy letter stated that I would be entitled to redundancy pay however my contract stated this would only be payable if you had a minimum of 2 years service - and was capped at £350 per week. Should I have been entitled to that payment also.

Again many thanks to anyone who can offer any advice on this point (apologies if the story is a little convoluted).

What does your holiday year run from and to?

With regards to redundancy, statutory entitlement is only avaible to those with 2 years+ service

Hi AaronM,

I understand the statutory issue so I'll forget about that one.

With regard to holiday payment my holiday year runs Jan 1 to Dec 31. The salient paragraph of my redundancy letter reads as follows:

'You are contractually entitled to one month's notice of the termination of your employment. The Company will not require you to work out your notice period and will pay you in lieu of notice. You will therefore be paid up to today [20/05/09] together with a payment in respect of any accrued but untaken holiday entitlement and a payment in lieu of your one month notice entitlement through the payroll...'

As I stated earlier I had taken 2 days holiday since Jan 1st before being made redundant and as my notice period goes up to 20 June I make that 11 days entitlement. I did have 5 days holiday booked 31/05/09 - 04/06/09 but I am kind of hoping that those would not count as being taken and would therefore would be owed 9 days pay.

I will not be upset if I am not entitled - just want to make sure I am being paid all that is owed.