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Employmt Probs - Holiday Pay in Notice Period

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I have been given one months notice by my employer and told to stay at home for the duration. I have asked for my outstanding (six days) annual leave to be paid in lieu. However, my employer has instructed me to take the leave during the notice period instead?


Have they the right to effectively tell me when to take leave?

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I dont know if its a companies personal choice, or law, but when I was made redundant, I was given a months notice in lieu, at the end of which I recieved on the usual date my Pay for that month AND my outstanding holidays.


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Section 88(1) of the Employment Rights Act 1996 is the relevant statutory section if you want to quote that to your employer.

You can elect to take holiday as part of your notice period, but the employer can't force you.

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you are legally entitled to be paid for your notice period and any outstanding holiday allowance

Any posts submitted here on the Consumer Action Group under the user name GlasweJen may not necessarily be the view of the poster, CAG or indeed any normal person.


I've become addicted to green blobs (I have 2 now) so feel free to tip my scales if I ever make sense.;-)



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You are entitled to your holiday pay in addition to your payment in lieu of notice.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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yep, all correct.

your holiday entitlement is what you have accrued while at work. this is paid on top of your "week in hand pay".

i take it your employer is going to pay you for that month?

Please note that although my advice is offered, you should consult your legal representative before taking ANY action.



have a nice day !!

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When i left a previous job, i was asked to stay at home for the month as I was going to a similar company and obvioulsy they were worried about nicking secrets from them or damaging their reputation 9not that I would and not taht they had one, hence why I left).


At the end of that time, I received my 1 momth's notice pay, my holiday entitlement up until the end of my notice period and my commission.


Some employers get funny if you are moving to a similar job and would rather pay you at home than run any risks of industrial espionage. Silly and paranoid in most cases, but tru none the less.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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