Redundancy period and holiday

[Nowwhyareyoucrying]

I have just been made redundant and have been given 4 weeks notice as per my contract. However I am holiday for the last week of my notice period and for the week after, which was pre booked with my employer.

Do I have any legal standing to ask them to pay me for the 5th week. As they agreed to the holiday. And technically I only have 3 weeks to find a new position and am being forced in to taking a week unpaid as I physically can't work.

Any help would be much appreciated.

I don't understand your comment about only having 3 weeks as you cannot work. You should be paid for balance of holiday accrued which you cannot take in the notice period.

Sorry it is not very clear! So I will be in work for 3 weeks of my 4 week notice period. On the 4th week (final week) I am away on holiday. I am then away for another week on holiday so I can't work. The agreed to this holiday months ago.

Can I ask them to pay me for this 5th week? As I can't work.

It also leaves me with 3 weeks in England to find a new position, as the 4th week I am out of the country. Which is shite for me :-(

Thanks.

No I don't think you can, you'll be paid for the time you are away anyway as long as you have accrued it. Presumably there has been a consultation period so you could have already started looking around.

No there was no consultation period. Does this make any difference?

And yes that's what I though. I haven't accrued any, it just so unfair. But take the emotion out of it and I guess legally its sound.

How long had you worked there?

16months.

Do you need to attend work during your notice period? Can you not cancel your first week's leave and then not come in?

I agree that it's unfair to have to lose a week's pay (ie. annual leave which would have been paid out) when they owe you four weeks' pay/notice.

Yes I need to attend really.

They are paying me for my full notice period, but the week after my end date I am abroad so will have to be unpaid for this week.

Given your short service they don't actually need to make you redundant, just terminate employment. When did your leave year start, even during a month you should have accrued some.

If I have understood the question correctly, the answer is no.

If you will have accrued the holiday by your termination date then they will owe it to you and will need to pay you for it

If you won't have accrued enough holiday for that then they won't owe it to you and won't pay you for it.