redundancy and holiday

[bruffin]

We are relocating, the lady I work with is in her 70s and cannot move so is taking redundancy and will finally retire.

Money is tight for her and she needs every penny. She has not taken any holiday this year and we know by law he has to pay her for any oustanding holiday when she is made redundant.

He has told that she needs to take at least half her holidays before she goes as he doesn't want to pay her. He has also said that if we close earlier than the notice date he wants everyone who is taking redundancy to take that time off out of their holiday entitlement as he "doesn't want to pay people for doing nothing"

I meant to say, can he actually make her take her holidays before she goes?

I think an employer can legally dictate when someone takes their holidays. I think the employer has to give notice though as to when he wishes that person to take these holidays. You need 'Flowery' to answer this.

It's fine for him to ask her to take some of her holiday (I note he's not requiring her to take it all) during her notice period, that's perfectly normal.

Similarly if the office closes early and she doesn't have to work her notice period so is paid for sitting at home, again it's fine for him to say that any remaining holiday must be used during that time.

Thanks, he would really like to take it all, but has said half will do. It's a shame because she is not getting a lot of redundancy as she has only been there 5 years and despite her age she does a lot of running around for him ie getting his lunch. This won't be more than a few £100s at the very most.

If he is not legally wrong, he is morally wrong, but that is another story