Our company currently operates a ‘shutdown’ policy, where hourly paid employees are required to take their holidays at set periods, ie 1 week at Christmas, 1 week at Easter and 2 weeks at the summer. We calculate holiday pay pro-rata over the previous 12 weeks and multiply by 2 weeks for the summer holiday, and are now concerned that someone who commenced work only 3 months before the summer holiday shutdown could leave immediately afterwards, having had 2 weeks paid holiday, for only 3 months employment. As most employees are hourly paid, they would have received all monies due to them during the shutdown, so we would not have anything to clawback in this situation. We are currently revising our terms and conditions to reflect a fixed holiday payment for resignations where no notice is given, but we are concerned about current employees who have not signed up to the changes. Does anyone have any experience of a similar situation, and any advice on how to deal with this if it happens?
Hazel Carey