I had a meeting with Human Resources today who have terminated my employment due to cash flow issues within the business. This has been sudden and quite a few of us have been affected. I was advised in the meeting that I would have 4 weeks notice and be paid for any holiday accrued holiday not taken.
I have now received an email to say that I must take the holiday as part of my garden leave/notice period. There is a section in my contract which states ‘we may require you to take holiday during garden leave or your notice period’
However it also states ‘We shall not pay you in lieu of untaken holiday except on termination of your employment. On termination we shall pay you in lieu of any accrued but untaken holiday for the holiday year in which termination takes place. The amount of the payment in lieu will be calculated according to the formula in regulation 14 of the Working Time Regulations 1998’
Also the notice period from the company to the employee is stated as 4 weeks or ‘we may at our discretion terminate your employment without notice and make a payment of basic pay in lieu of notice’
I have 10 days holiday left (4 of these are booked at Christmas as the department is closing) and am being penalised over colleagues who have only a few days left to take.
If anyone with employment law knowledge can help, I’d be very grateful. Thanks