Making a staff member redundant – holidays?

N

Nona

Guest
I have to make a staff member redundant tomorrow and need some advice. They starting working for the company in July 2007 and only require one weeks notice.

My question is this – They are due 6 days holidays, can I ask that they take their holidays instead of payment as they will only be sitting at their desk watching the clock go by if they stay or do I legally have to allow them work out the weeks notice and give them their holiday pay?

Any suggestions will be greatly appreciated.
 

The two are seperate. You have to give them the notice and the holiday pay. You cannot ask them to take their holidays as their notice.
 
Thanks for the reply.

What if I give them the weeks notice and also ask them to take their 3 days holiday effectively asking them to finish at lunchtime tomorrow rather than them being paid to do nothing?
 
You would be best getting professional advise on this one , you could get yourself in a lot of hot water if you mess this up....
 
Why didn't you give them their notice last week if you knew there was no work this week?

If you want them to leave now, you will have to pay their weeks notice and then pay any holidays they are owed.
 
I have no problem paying them what they are owed. What I don't want to do is something that is not legal.

I am going to speak to my accountant this morning for advice.

Thanks for your time and replies.
 
Well I spoke to Dept of Enterprise, Trade and Employment this morning and they were very helpful, they confirmed that I am not allowed ask the employee to take his holidays unless it was previously agreed.

I must give him the 1 week notice (which I was already) and pay him for the additional days holidays at the end of the month.

Thanks again for your help, that’s the easy bit done – now I have to tell him
 
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