Taking hols on furlough
Dear James,
I’ve been made redundant due to the pandemic, and have been on furlough since the beginning of April. I am due to leave my job at the start of August and only took two days of holiday in January. I believe I am owed holiday pay on top of my severance package, but my employer is saying that I need to take all of my remaining holiday allowance between now and my last day. I believe this is unfair and I shouldn’t have to take annual leave while on furlough. Am I in the right here? Daniel, Herts
James says:
I WOULD say that your employer is in the wrong here.
Technically, under Working Time regulations, they could have grounds to get away with it, though.
In a nutshell, there is no obvious right or wrong and this is the kind of case which could end up in court. It is going to be tempting for employers in such circumstances to attempt to force workers to take all their holiday entitlement during lockdown or furlough, whether or not they are subsequently returning to work with the same employer. What I would suggest in the first instance is, given that it’s most definitely a grey area and I doubt either of you are keen to end up in court, that you try to reach a compromise, such as a 50/50 deal.
IF you find yourself in conflict with and your employer talking has failed, a do first see if can compromise be reached in writing before heading to court.
VERY few people have heard of the concept “implied terms” – and yet it can be very important.
Implied terms are terms of your contract of employment which are not actually written down in the contract.
Essentially, there are certain conditions which are taken for granted – such as your employer having to provide a safe place of work.
Or, in this case, the more hazy concepts of trust and confidence which can subsequently result in unfair dismissal claims if they are broken by the employer.