Please can anyone advise me on the below.

I was signed off sick for 3 weeks and during this time I handed in my notice (which was 4 weeks). I was due to go back to work after my sick leave to serve the remainder of my notice (which would have been 2 and a half weeks).

The company contacted me and told me that as I had 10 days holiday still to take that I had to take this in my notice period. They told me that it was Company Policy that any untaken holiday should be taken during my notice period. That said, I checked my Contract which clearly stated that: ‘For the avoidance of doubt on termination of your employment you will be entitled to a payment in lieu in respect of any holiday accrued and not taken.’ There is no other reference to holiday and termination of employment.

I rang up the HR/PA representative and explained what was written in my contract. She said that it was a new condition which had recently come in force (especially if there are a lot of remaining holidays to take) and that this Condition was in the Employee Handbook and on our HR database system.

I checked my Employee Handbook which states the same as my Contract (although slightly different wording). As I have not been able to access the in-house HR database I have no idea if it is mentionned on there.

That said, I have not received any written ammenedments to my Contract (or Employee Handbook) even if it is on the HR database, so I would believe that I should be entitled to a payment in lieu of any holiday not taken upon termination of my employement and not made to take it.

Even if it is a new rule/condition this surely should have been formally addressed through my Contract being revised shouldn’t it?

Please let me know any of your thoughts.

Thanks
Kirsten
Lucy Johnson