Found 26th Feb 2009
My company is in administration and I am still an employee. I have been given no end date as yet but I have a holiday booked from 30/03 to 17/04 using 13days holiday (2 from this year and 11 from next).
My query is will i get paid for that holiday period? I'm guessing no.
The holiday was booked over a year ago so its not like im being cheeky.
I cant go and ask the administrators as i dont want to alert them to the fact I'm not going to be here for 3weeks (personnel are aware though).
So if i dont get paid do i have any rights?

Any help or links would be much appreciated.

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10 Comments

At a guess I would also so No.

i just read the title.....

you have the right to be silent, you have the right to an attourney

your taking 11 days holiday from next years entitlement. which your not entitled to until next year. is that wrong? seems to simple.
take your 2 days holiday now, and walk with as much stationary as you can fit in your pockets.

Original Poster

Thanks everyone, looking through ACAS now.
As much as i dont want too i may have to ask to be made redundant on 01/04. What a dilemna.

phone labour relations - they deal with this sort of stuff.
But in my eyes you wont get paid as you are using something that you dont actually have the rights to.......

Original Poster

My only thinking is 'its not my fault' the company's in administration so why should i be penalised especially when it was booked so far in advance (with the company), and i cant ask for voluntary cus it would affect my benefits. (if im entitled to any).
I cant cancel the holiday, it would affect too many other people so i have no choice to go. Damn this recession!!!!

my sons company went into administration last october but they had no notice ,he received holiday pay for the holidays he had not used up until october ,his week in hand and 1 weeks notice pay but he had only worked for them for 9 months.
so i dont think they will pay you for next years holidays

Banned

^ What they all said.

You are not entitled to next years. You could take unpaid leave I guess, if the company are up for that

Try the citizens advice bureau hon if you don't get joy anywhere else. My guess would be you wont be able to take the holiday from next year as there wont be a next year in all probability.

I hope you have a lovely holiday whatever happens x x x

when does you holiday entitlement year start, that should give you a clue as to how many days you are exposed on. If this is the 11 you mention then the situation depends on several things.

are your administrators winding up the company or keeping a core working in the hope of finding a buyer for the business ?

If winding up, then you are unlikely to get the holiday paid for but should still get the time off. Some administrators are human and accept these things are part of a business, just like being off sick etc. I would not expect you to lose your job over this and the idea of just walking will give the administrators the chance of losing a person without having to make them redundant.

if the administrators are running the business looking for a sale then the chances are you will get paid for your holiday. Ultimately your 11 days would reduce as you earn entitlement and if things go tits up and you are made redundant then your unentitled holiday days would be deducted from your final salary payment.
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