Compromise Agreement Solicitors & Lawyers » Entitlement to Untaken Accrued Holidays

Employment Law, Redundancy, Holiday, Payment in Lieu of Notice

admin — Tue, 10 Jan 2012 14:35:38 +0000

With regards to compromise agreements, it is always advisable to clearly set out any untaken accrued holidays and payment in lieu of notice and to show these separately, as they are both taxable.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2012. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Employment Law, Holidays, Accrued Untaken Holiday

admin — Mon, 17 Oct 2011 17:50:07 +0000

It should be noted that some employers are asking their employees to take their holidays as they are not prepared to pay for accrued untaken holidays.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Compromise Agreements – Banked Holidays

admin — Tue, 13 Apr 2010 09:33:45 +0000

Some employers are including banked holidays as part of the settlement payment for employees that are facing redundancy. Therefore, if you are an employee facing redundancy, please check with your employer to see whether banked holidays would be taken into account in determining your settlement payment.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

Can You Increase your Offer? – Compromise Agreement

admin — Tue, 06 Oct 2009 22:50:47 +0000

Even if you instigate redundancy or you are chosen for redundancy, there is usually some room to try and improve your offer from your employer. You can only ask but you must be able to justify why the offer should be increased. You must have a valid reason in order to persuade your employer to increase the offer. Also, as we said before, please ensure that your holiday pay is taken into account .

These would be without prejudice discussions so you would not be able to rely on them in a Tribunal action or in court proceedings (if you sign a compromise agreement then remember you cant bring any Tribunal or court proceedings).

Once the offer is revised, you mustensure that the offer is correctly represented in your compromise agreement.

Garden Leave – Compromise Agreements

admin — Sun, 13 Sep 2009 10:48:39 +0000

There are circumstances when an employee may be placed on garden leave before the employee’s termination date and the signing of the employee’s compromise agreement. If you are an employee and you find yourself in this situation you have to ensure that, during the period you are at home outside the office, you are still discussing with your employer the terms of your compromise agreement. If in doubt, seek advice.

We are advising a number of clients that are placed on garden leave because, for instance, their employers want them to take this time away from the office without paying them in leiu of notice.

Use the time at home to sort out your pension rights (if applicable), to ensure that all of your holiday entitlements are agreed and that you are happy with the terms of your compromise agreement.

Warranties in Compromise Agreements Cont’d

admin — Sun, 24 May 2009 08:37:48 +0000

We are continuing with our discussion on warranties in compromise agreements. Our previous entries explain a number of warranties that you will have to give to your employer. One of the key warranties is that:You have received independent legal advice on all and any claims that you might be able to bring against your Employer in the Employer Tribunal and the High Court/County Court in respect of your employment and termination of employment.You further warrant you have reviewed such claims with the Independent Adviser and been advised upon the possibility of pursuing such claims and you waive your rights to pursue such claims, including but not limited to any claim for:

Any personal injury claim resulting from the Employee’s employment with the MRC of which he was aware as at the date of this agreement;
Failure to provide written reasons for dismissal.

More regulations in the next blog entry.

When would you get Paid?

admin — Fri, 13 Mar 2009 08:12:05 +0000

Your employer without any admission of liability will pay you within 14 – 60 days of the latest of the following occuring:

The Termination Date;
Receipt by your employer of the signed copy of your Compromise Agreement (signed by you and witnessed by a third party) and containing the Independent Adviser’s certificate (signed by an independent lawyer such as a lawyer at RT Coopers); and
Receipt by your employer of any property belonging to your employer that is in your possession.

Otherwise there might be a delay in receiving your redundancy payment.

Would you be required to take your holidays or be paid for untaken accrued holidays?

admin — Tue, 10 Mar 2009 19:31:44 +0000

Your employer may require you to take all of your outstanding holidays accrued up to and including the Termination Date (during the period prior to the Termination Date). Although some employers may be happy to pay you for the untaked holidays that you have accrued up to and including the Termination Date.

Negotiating all of your Holiday Entitlements

admin — Fri, 27 Feb 2009 21:11:50 +0000

It is imperative that you negotiate and agree all of your untaken accrued holiday entitlement with your employer. If you don’t, and both you and your employer sign the Compromise Agreement, then you will lose your holiday entitlement. You must remember that you are unable to bring any claim againt your employer once the Compromise Agreement becomes a binding agreement.

Entitlement to Untaken Accrued Holidays

admin — Sun, 01 Feb 2009 14:17:51 +0000

As an employee you are enttiled to untaken unaccrued holidays. This will be paid by your employer in the normal way and tax and NI contributions will be deducted in the usual way at source by your employer.