Untaken holiday

[Marta]

Hi there!

What happens if the person had been summarily dismissed for the stealing at work and the contract provides that if that person is dismissed for the gross misconduct he will be entitled only to nominal payment of £1 in respect of that holiday ( untaken ).
Is that even legal?

[matt3942]

Re: Untaken holiday

Hi Marta,

Out of interest, as the person actually dismissed summarily? (i.e. Was there a period of suspension? Was there a formal investigation? Was there a disciplinary meeting?)

To answer your question, the practise of providing a nominal payment in lieu of accrued holidays is generally considered unlawful because of the Working Time Regulations 1998. I have attached the details of the relevant case.

My advice to this person is to contact Citizens Advice, or an employment solicitor, as they are likely to have a claim for unlawful deduction of wages.

Regards,

Matt

[Marta]

Re: Untaken holiday

Hi Matt!
Thank you for the reply.
In the contract it is written the "ee" is entitled to 12 weeks' notice.
She was summarily dismissed without notice following the disciplinary hearing. She was informed about the right to appeal, so the procedure been followed.
In the dismissal letter it was stated that If she's dismissed for GM she will be paid only £1.
What's the name of the case you were talking about?
I can't open your attached file

[Kati]

Re: Untaken holiday

......

[Marta]

Re: Untaken holiday

Cheers!

[Kati]

Re: Untaken holiday

Cheers!

No problem :tinysmile_twink_t2: xx

[matt3942]

Re: Untaken holiday

Thanks Marta and Kati,

I would advise this person to seek professional legal advice.

The contractual term if certainly unlawful so they will be able to make a claim for unlawful deductions for accrued and unused holidays.

Also, although I don't know the extent of the allegation there is a question mark over the reasonableness of the gross misconduct outcome - especially as the notice period would have been 12 weeks. I would ask if the alleged offence was serious enough to destroy the contractual relationship, if alternative sanctions were considered, and if mitigating factors were considered?

Please do keep us updated on this case.

- Matt

[teaboy2]

Re: Untaken holiday

@Marta - You friend should contact ACAS to get the ball rolling for making a tribunal claim