pay in lieu of holidays

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johnh

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Post by johnh » Sat Jan 17, 2009 7:15 pm
Just a quick question. I have not taken my full holiday entitlement for the current year and we have a system whereby I can "sell" up to 3 days holiday. Because of the way this is calculated (3/365ths of annual pay) and after tax it will probably be less than £100 but I still intend to do it as I don't need the holiday (and would end up spending more than at work!). The question is would this be treated as a) a windfall and all handed over to creditors or b) bonus and treated by the 50% provision or c) neither of these and I keep it all?
 
 

Adam Davies

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Post by Adam Davies » Sat Jan 17, 2009 7:29 pm
Hi
I think that it will be classed as a windfall and usually windfall clauses do not kick in until they are above £500.
At the end of the day it will be down to how your IP interprets it.
Regards
Andam Davies
 
 

Skippy

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Post by Skippy » Sat Jan 17, 2009 7:33 pm
If you have to pay it into your IVA I would be inclined to take the holiday.
 
 

MelanieGiles

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Post by MelanieGiles » Sat Jan 17, 2009 8:08 pm
It would be unfair to take any of this money from you. You are getting paid for not taking your holiday - but I would suggest that you take yoru full entitlement next year.
Regards, Melanie Giles, Insolvency Practitioner
 
 

johnh

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Post by johnh » Sat Jan 17, 2009 9:06 pm
Thanks, folks - question aswered as always on this forum!!
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