Labour Research (October 2022)

Law Queries

Leave entitlement and redundancy

• I think I’m likely to be made redundant. Can I continue to accrue holiday entitlement during my notice?

Statutory holiday entitlement continues to accrue up to the end of your notice period on redundancy.

But don’t forget, so long as your employer gives you the proper notice, they can require you to take outstanding leave during that time rather than pay you in lieu. Otherwise, you should expect to be paid for outstanding leave in the current year, calculated proportionally.

There is a formula for this set out in the Working Time Regulations 1998. In limited circumstances a contractual term, or other relevant agreement, can say what statutory or additional holiday is payable on termination.

So check your contract, and custom and practice at your workplace.


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