Using accrued holiday in notice period - on furlough?

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Currently at risk of redundancy. Our company has announced that those made redundant must take any accrued annual leave during our notice period - this appears to be non negotiable. However, probably at least 50% of the workforce is still on furlough, so we are unable to actually take the holiday we have accrued and are therefore owed. So basically we won't get paid it and we don't get to use it.

If I am cut, its a reduction of c.£1k to my payout. So it's not immaterial.

Is this legal?

(I've tried googling and looked on ACAS etc but can't seem to find the answer, hence asking here)

Thanks

They should make your wage up to 100% for any holidays taken on furlough

You can be asked to take some holiday during furlough - our company has done this to avoid everyone using their whole holiday entitlement in half a year. I believe the company have to pay your holiday pay rather than claiming it so should be at full pay for that period if your furlough pay is lower. But that’s just what I gathered.

www.gov.uk/guidance/holiday-entitlement-and-pay-during-coronavirus-covid-19

You can take holidays on furlough. Make sure you get paid 100% though (if you’re on 80% for furlough)

your company can still claim the 80% back if you are furloughed. They need to pay your normal salary during holidays rather than just the furlough pay

What others have said, they can make you take your holidays during furlough as long as they pay you your normal wage for those days.

Thanks all. Maybe I'm totally misunderstanding, but my initial understanding was that we would be paid unused accrued holiday on top of our notice period, but now they're saying we have to 'take' the holiday so essentially they just don't have to pay it? Am I just not getting my head around it?

Our redundancy pay is based on contractual salary so is 100% equivalent anyway.

(We had notice at the start of furlough to say those not working wouldn't accrue holiday to use on return to work, which I get for those who aren't made redundant.)

How much is your furlough pay? Is it 80% or full pay? For any holidays they want you to take they need to pay full pay for those weeks if they currently only pay 80%

and of course you accrue holiday while furloughed

perfectly legitimate and normal.

They can require you to take holidays by serving appropriate notice on you to do do. They can make you take holiday during furlough but you should be paid in full.

An employer can tell staff when to take holiday. They have to pay full rate so will need to top up. They’re using government money to reduce their termination payments

Sorry op to ask a question on your thread... but I was requested to take annual leave whilst on furlough and we had a couple of lovely weeks away.. it's payday today and I've only been paid my normal 80% furlough pay, should I have been paid 2 weeks at 100%? I work for a small privately owned company, and I'm not sure how to broach the subject with them, they are not the most pleasant of people either..

@Westiegirl3

Sorry op to ask a question on your thread... but I was requested to take annual leave whilst on furlough and we had a couple of lovely weeks away.. it's payday today and I've only been paid my normal 80% furlough pay, should I have been paid 2 weeks at 100%? I work for a small privately owned company, and I'm not sure how to broach the subject with them, they are not the most pleasant of people either..

Hi

Your employer has to pay 100% of your salary/wage if you are taking annual leave.

You will just need to ask and have the necessary documents printed from the hmrc website should they want proof.

Good luck

To answer your question OP, yes they can ask you to use holidays while on furlough (why do you think they couldn't?).
As PP pointed out the only requirement is that they pay you 100% for the holiday days but you have confirmed that actually you are already paid 100% during your furlough so no issue there.

It's just such a new concept I wasn't sure.

This is solely related to the need to use our accrued holiday in the redundancy notice period, which they are asking us to do instead of be paid for it. But many of us are not working, so wasn't sure about the legality of that. Just want to make sure that I understand it all.

Thanks all