Redundancy and Holiday Pay

[MumOfTwoFeralBoys]

Can someone please give me some advice?

I was made redundant last week, and I got the official letter in the post confirming dates, how much etc... But it also said that as I was owed 8 days holiday pay - as a gesture of good will (??) they will pay me for 5 but I have to take 3 as leave during April??!!

I'm on 12 weeks paid leave in lieu of notice so I'm not even in the office!! Can they make me take it as leave??

TIA

It wont make any difference ,your leave is paid ? , so you will be effectively getting the same money . If anything it lenghtens the amount of time you have worked for them

Do you mean you’re on garden leave? If you were being paid in lieu of notice your employment would end immediately.

If you’re on garden leave and therefore being paid but not expected to come to work, then yes absolutely they can make you take annual leave during that time! That’s great they’re going to pay you 5 days extra rather than make you use up the lot.

Yes sorry I'm on garden leave so being paid for staying at home.

I thought it was illegal to withhold someone's holiday pay after they've been made redundant? As I'm owed 8, surely they should pay me for 8, not make me take it as leave when i'm not actually working??

Or have I got it wrong?

”I thought it was illegal to withhold someone's holiday pay after they've been made redundant?”

Who’s withholding anything? You’re being paid for all your holiday, some of it you’ll take during your notice period and some they will pay in lieu.

They would be perfectly within their rights to make you use up all your outstanding holiday during your notice period. They are being generous not making you do that.

Ok, so I have got confused? I'll still get paid the 8 days owing to me? Whether I'm on garden leave or not?

I assumed it would all be in a lump sum at the end, not taken during the next 12 weeks.

Thanks for the clarification!

When you are on garden leave you can be made to take any annual leave during this time, so they could make you take the whole 8 days during this time

Ah ok, I think I get it now :)

You’re spending 12 weeks serving out your notice. 11 and a bit weeks of that will be spent on garden leave, while 3 days of that 12 weeks will be spent on holiday. You’ll then get an extra payment for a further five days in lieu of holiday they could have chosen to make you take during your notice period but didn’t.

That makes sense now, thank you all