Just been let go. Can I be forced to take holidays for my weeks notice?

LegacyUser

Hi, It has taken a couple of days for this to sink in, but since I was let go last Saturday this increasingly seems very unfair.

The short story: Had meeting with supervisor and boss of small company I work for. They explained to me how the economic downturn had affected business and they were very sorry to have to let me go. I guess it wasn't that shocking, it is happening all around, but I was still a bit shell shocked. Boss said to me that they were giving me my weeks notice, to finish officially the following Saturday. Supervisor said that as I had not taken my holiday entitlement since I started just over 7 months ago, he suggested I not come back for the week and take holidays. I said grand.

So when i get my final pay, I will get my week in hand and my holiday pay, but my holiday will be minus 5 days, which is in effect my notice week!

Please tell me this cant be right. Since I agreed in the very brief losing my job meeting that I agreed with whatever he was saying am I now going to lose a weeks pay??

seamus

Pretty much.

Although the employer is required to give the employee reasonable notice before sending them on holidays, the fact that you agreed to it implies that they gave you reasonable notice.

You could of course argue duress or exceptional circumstances, but that would involve a trip to court, which wouldn't be worth it for 5 days' pay.

You're basically right now where you would have been next week anyway. Technically you're not out of pocket becaue you could land a job next Monday. Use the time to job hunt your ass off.

LegacyUser

Sorry Seamus but you are totally wrong here. There is legislation to protect the worker from situations like this occuring. Otherwise you would have employers all over the place trying to pull a fast one. Which in my opinion is exactly what they have done.
Also, employers must give a minimum of one months notice to employees for holidays.
The Organisation of Working Time Act 1997 would cover this.
Ring NERA they will set you straight. And it is very easy to make a complaint, hassle and cost free to the Rights Commissioner, just fill out the form, its linked from the NERA website.

I dont know about anyone else but a weeks wages when you have just been let go is far too important, not to mention not allowing an Employer to basically try to get out of paying you your notice, which if you dont work for, you are 100 % entitled to payment in lieu.

OP, good luck with this. You may even find that if you approach your ex employer with the info you get from NERA they might just back down and pay you.

seamus

Unregistered wrote: »

Sorry Seamus but you are totally wrong here. There is legislation to protect the worker from situations like this occuring. Otherwise you would have employers all over the place trying to pull a fast one. Which in my opinion is exactly what they have done.
Also, employers must give a minimum of one months notice to employees for holidays.

Not necessarily true. Yes, the employer is supposed to consult the employee at least a month before sending them off, however the act you mention, section 20, states

(3) Nothing in this section shall prevent an employer and employee from entering into arrangements that are more favourable to the employee with regard to the times of, and the pay in respect of, his or her annual leave.

Which basically means that if both employee and employer are willing to forgoe the 1 month's notice because it suits them better, then happy days. Which you could say has happened in this case. This clause allows both parties to be more flexible with annual leave so that people can take days off here and there without having to plan a month ahead.

As I said, he could challenge it, but you'd probably end up in court because the employer hasn't done anything specifically wrong.

It would be worth talking to NERA probably, but I would be surprised if there's much you can do.

LegacyUser

Hi guys, thanks for the replies. I could see where you were both coming from.

Well I rang Nera and it seems I am protected. Under the months notice from employer for holidays as mentioned above and the Minimum Notice and Terms of Employment Aact 1973.
I haven't the details to hand but something about preventing an employee or an employer from waiving his right to notice or from receiving payment in lieu.
They have advised me that I can make a complaint to the Rights Commissioner, but I will talk to my employer first. Hopefully it won't come to that.

Thanks again.

seamus

Good to hear, hope it works out well for you. Be aware that NERA act with a certain degree of biase, but they wouldn't advise you to take action where none was warranted.