 You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more
Loads of people in my place getting made redundant (Vodafone), its been all over the press recently. Things aren't great.
A friend (and colleague) goes at the start of April, but has just been told that the redundancy terms will ask him to do the following-
-take partial gardening leave between now and then (it sounds like they'll basically ask him to work part-time, 20 hours or so per week versus his usual 37.5)
-pay for this from his redundancy payout....
They're trying to do the latter by arguing that the gardening leave component will actually be A/L, and as the A/L entitlement is calculated from the start of the calendar year and hasn't yet built up, he's basically being asked to buy holidays to fund the compulsory A/L.
Can this be right?
No IMO
Get proper advice. What does his union say?
A/L leave is taken at mutual convenience. An employer cannot dictate when you take A/L under normal circumstances and if its A/L then its paid time not coming out of his redundancy payment
His post is either redundant or not. Not partly redundant
Get real advice tho
Its just been 'announced' late yesterday, TJ, so the union will hear about it on Monday.
He and some colleagues have hired a lawyer (at their expense), which will also help.
thanks
ta Gobuchal.
An employer cannot dictate when you take A/L
Errrr! They can.
Yes contact the union as this is not annual leave if they're being unpaid.
IINAL but don't think TJ is right either, they can 'force' you to take annual leave if its written into your contract, e.g. working on a site with planned shutdowns for summer Holliday's and Christmas. So if there was already leave agreed then I'd assume they're within their rights to not cancel it and it be taken as unpaid if not already accrued.
It does sound like what they're asking isn't right though. If the role is redundant then they give him his notice and he finishes at the end of that. Effectively forcing him out earlier than that would be (unfair) dismissal.
Thanks all. Does seem like they can 'force' when A/L is taken, as long as some notice is given. But being forced to buy it, and then said buying of holidays being taken from the redundancy payment is very new to me.
I wouldn't have thought they can force you to take leave you haven't and won't accrue through normal service, shut downs and layoffs are different.
For a big company that sounds like very poor practice.
(Attempted) Cake and eat it territory for HR.
IAANAEL
If he had AL already accrued and owing, it would make sense to force him to take it (paid) during the month period. Fair enough.
If he hasn't actually yet accrued any annual leave, how can it be magicked up from a future time when he isn't even working for Vodafone?
He has contracted hours over the next month. If they don't want him at work during those hours during his notice period, they need to pay for them.
As above, seems highly shonky and I'm sure a real lawyer would have enough to go on.
But being forced to buy it, and then said buying of holidays being taken from the redundancy payment is very new to me.
That's the dodgy part.
Indeed, Drac. The redundancy payments are scanty enough for this team without this being pulled.
Sounds extremely stressful ..
Perhaps he should be be making an appointment with his doctor?