Can you claim under CJRS for holiday paid in lieu?

Can you claim for accrued holiday pay on leaving?

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One of my clients had an employee leave during July.  His July salary has therefore been pro-rated for the number of days he worked in the month.  However, he is also being paid an additional amount for accrued holiday not taken.  So my question is: as well as claiming under the CJRS for the days worked, can a claim also be made for the accrued holiday pay.

On one hand I'm thinking employment ended on the 10th so only claim to the 10th.  But he's being paid up to the 23rd so do I claim up to the 23rd?

Grateful for any help as I can't find a definite answer on this.

Thanks in advance

Replies (7)

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By Paul Crowley
11th Aug 2020 19:41

I assume we are referring to Flexi, as claiming CJRS for days worked is a strange thing to write.

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Replying to Paul Crowley:
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By JulietW
11th Aug 2020 19:46

Yes, flexi is right. Should have said days employed rather than days worked.

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By gillybean04
11th Aug 2020 22:34

If his employment ended on 10th then he is not being paid up to the 23rd.

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RLI
By lionofludesch
11th Aug 2020 23:12

I vote no.

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Replying to lionofludesch:
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By gillybean04
12th Aug 2020 00:10

I agree. The employment ends on 10th. Therefore cannot claim beyond that date.

If they were looking to minimise cost to the business, they should have required the employee to take as much annual leave as possible during the notice period.

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Replying to gillybean04:
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By Paul Crowley
12th Aug 2020 01:01

Concur
He is not on holiday and not employed after 10th

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By psimonparsons
12th Aug 2020 18:18

If on continued furlough and wanting holiday and the contract continues until the holiday ends, then potentially yes. But then the employment contract and rights continue during that period.

If the employment has actually terminated, and this is payment due to the employee, then no as they are neither an employee or furloughed as the contract has ended.

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