Fixed Term contact, being furloughed and accrued holiday pay

[Jonggee]

Hi there, I am on a fixed term contract with my employer than ends at the end of May. I have been asked to go on furlough until the end of my contract. I have some 9* days accrued holiday which I cannot take - can I have them paid at 100% as untaken leave at the end of my contract on top of my final furlough 80% salary?
Thank you

[ULA]

Hi, In answer to your question you will need to check with your employer how they want to handle any holiday you have accrued up to the end of May. Even though you are being asked to furlough for the rest of your contract it does not stop your employer asking you to take holiday whilst you are on furlough. So long as they give you twice as much notice as they want you to take then they can require you to take this leave prior to your contract ending.*

[Jonggee]

Thanks for your reply LB Admin - they have asked me to take my leave from tomorrow on full pay then after that I will on 80% furlough to the end of my contract rather than paying it in lieu at the end of my contract - so can they do that??

[ULA]

If the company wants you to take leave then they still need to operate a twice the amount of notice to days they want you to take. So for 9 days they need to give you 18 days notice. That requirement has not been removed as a result of the recent change to the Working Time Regulations.*

[Jonggee]

So either way, by putting me on furlough and me not working, my employer is still legally able to request I take leave to use my accued leave up before the end of my contract which will be the end of the furlough period and therefore not pay me accrued leave in lieu with my final salary?

[ULA]

Yes that is correct so long as they give you the correct notice to take that leave.*