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[pscocoa]

Just helping my sister in law who is being made redundant this week from a dental practice after 26 years. Practice will not do the extended furlough and so we are at the end of the road with her current contract. The figures have now been put in writing which look fine other than holiday pay.

One thing I am not clear on is the employer wanting to make her take an enforced day's holiday which is trivial in the scheme of things particularly as she has not been brought back to work. In my view they have not given proper notice for this day holiday which was sent to her yesterday (although dated a few days previously) to be effective yesterday day and I think is in contravention of the Working Time Regulations 1998 on which so far they have failed to answer. Whilst it is minor i keep thinking I have missed a trick here but just cannot understand the pettiness. They offered her a new contract for one half day per week - which she turned down!!! If they have not made everyone else take a day off then is this discriminatory - employer has not answered this point either as yet?

[Lizzie Zoom]

IF the question of the days holiday is a real challenge, then I advise you to read the following official guidance, taking note of not just the holiday pay question, but the amount or redundancy pay being offered:

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

https://www.gov.uk/government/news/new-law-to-ensure-furloughed-employees-receive-full-redundancy-payments

If there are still questions about this, go to the CAB or consult a solicitor specialising in employment law.

 

[pscocoa]

thanks Lizzie - it would not be cost effective to take this too far - just trying to work out their angle.

[Lizzie Zoom]

thanks Lizzie - it would not be cost effective to take this too far - just trying to work out their angle.

No, that is very true. Therefore if the redundancy, plus holiday pay offer is substantial enough and appears to cover all bases, then I would leave it be.

Although it is now some time since I last dealt with employment law matters, and especially redundancy, let alone with now the COVID 19 factor, I cannot understand why the employer has done what they have in regards to the one day off.  Employers do have the right to insist on holidays being taken, but this is with “reasonable” notice being given, so the move baffles me as well

 

[Doctor Gollum]

It's a moot point.

If she is being reimbursed for accrued holiday not taken, then there isn't a case to be answered. Especially if they are paying redundancy in lieu of notice.

Also consider that they may not pay for meal breaks, covered in her current contract of employment, so actually the discrepancy may simply be this...

[redelitev6]

Probably a lot better off than some folk ?

[Rangie]

It's going to be a very tough time for a lot of folk, our biggest shops have both ceased trading in town both are up for sale with several redundancies.