Source: XpertHR P&D Date: 01/10/2007 Publisher: XpertHR

Holiday and holiday pay: Contract clause on holiday pay for employee dismissed for gross misconduct (contract clause)

TOPICS:
terms, conditions and employee rights working time and leave
contracts of employment terms of employment
termination of employment  payments on termination

AUTHOR: David Smellie and Lynda Macdonald


Clause wording: No payment in lieu of accrued contractual holiday will be made to the employee (and where appropriate a deduction will be made from salary) in the event of his/her termination for gross misconduct or in the event of the employee giving inadequate notice of termination or leaving before the contractual notice period has expired. Contractual holiday for these purposes means all and any leave entitlement provided for in the employee's contract that is over and above the statutory leave entitlementprovided for in the Working Time Regulations 1998.

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