Pay for outstanding holidays after redundancy

[Mark D]

Is there an obligation for all outstanding holidays to be paid if you are made redundant?

I will have about 25 days holidays left when I am made redundant at the end of August. I absolutely do not want to take holidays between now and my termination date. I have carried over 10 days from 2003.

The business unit in which I work apparently has a rule (haven't seen it written down and it hasn't been formally communicated) where they'll only pay for 15 days holidays on redundancy.

An important thing is that in my contract I have to take carried over holidays prior to 31 March but that date has come and gone and I haven't been warned in advance or told afterwards that hose holidays have been confiscated. We have known that the company is closing down since last year and the director has said that due to the exceptional circumstances that people will be allowed to carry as much holidays over from 2003 to 2004 (normally this is capped at 5 days)

Do you think that I'll get paid for them? Should I refuse to take hoidays between now and termination date in the belief that ultimately they have to pay me for them.

(sorry for the long-winded post, but I was in too much of a hurry to make it shorter!)

 

[JohnDung]

I took reduncy a number of years ago.A week after leaving,I put in a claim for outstanding holidays & time owed in lieu of OT (20 days) & was paid. (The company had to issue me with a supplemtary P45).I have heard since that the company now makes everybody exaust there holidays before leaving.

 

[oilean]

Carry over

There is no obligation for a company to allow you carry over holidays
In fact there is an obligation for your employer to make you take your holidays
This is to protect employees from employers who try to "force" their employees not to take holidays
(There is a six month period i think from the normal year end for carry over, but on this I am not certain)

So you may not be able to keep your carried over holidays

Also in relation to your suggestion to not take any holidays from now until your redundancy,
it is your employer that decides when you take your holidays
Your employer could force you to take any outstanding days prior to that date

I know none of this is good news but your employer can find out all of this information if they need to do also

You could contact the dept of trade and employment, for clarfication
They are extremely helpful over the phone