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Myth 5 - Gross Misconduct

Myth:

Where an employee is dismissed for gross misconduct there is no need to pay in lieu of accrued holiday.

Fact:

An employee who is dismissed part way through a holiday year is entitled to pay in lieu of untaken statutory holiday that has accrued up to the date of termination. This is the case even if the employee has been summarily dismissed for gross misconduct.

The individual’s contract may, however, specify that any contractual holiday over and above statutory entitlement will be forfeited if he or she is summarily dismissed.