McDonalds not paying accured holiday pay after termination

chaosky · 11 February 2015 at 7:15PM

I accured over £360 of holiday pay during my employment with mcdonalds since mid september and gave in 1 weeks notice of my termination (2 shifts of that week i could not work due to training for my new job)
According to managers i am not entitled to this holiday pay at all as my final payment as i did not work my full notice, yet this is mentioned nowhere in my contract, and it also says in the hourly paid employees handbook that even without notice i am fully entitled to my holiday pay.

So isn't it illegal that i am not paid my earnt holiday pay?
Who do i speak to about all this? (I spoke to a couple of the managers about this to end with the same conclusion: nope won't pay it)

Any help will be appreciated!

Takeaway_Addict · 11 February 2015 at 8:10PM

So, you breached your contract and now moan they are doing the same?

You should still get the payment and you are probably best to mention it to HR rather than the branch managers.

However, be aware that whilst the risk is low and unlikely you could be sued for breach of the contract to pay for the additional costs the branch may have incurred having to replace you.

This is basically tit for tat.

Charlotte17 · 11 February 2015 at 8:18PM

chaosky wrote: »

I accured over £360 of holiday pay during my employment with mcdonalds since mid september and gave in 1 weeks notice of my termination (2 shifts of that week i could not work due to training for my new job)
According to managers i am not entitled to this holiday pay at all as my final payment as i did not work my full notice, yet this is mentioned nowhere in my contract, and it also says in the hourly paid employees handbook that even without notice i am fully entitled to my holiday pay.

So isn't it illegal that i am not paid my earnt holiday pay?
Who do i speak to about all this? (I spoke to a couple of the managers about this to end with the same conclusion: nope won't pay it)

Any help will be appreciated!

you say you didn't work two shifts in the final week of service but did McDonalds know you were at the new employer or you called in sick or something?

Jinxey · 11 February 2015 at 8:22PM

chaosky wrote: »

I accured over £360 of holiday pay during my employment with mcdonalds since mid september and gave in 1 weeks notice of my termination (2 shifts of that week i could not work due to training for my new job)
According to managers i am not entitled to this holiday pay at all as my final payment as i did not work my full notice, yet this is mentioned nowhere in my contract, and it also says in the hourly paid employees handbook that even without notice i am fully entitled to my holiday pay.

So isn't it illegal that i am not paid my earnt holiday pay?
Who do i speak to about all this? (I spoke to a couple of the managers about this to end with the same conclusion: nope won't pay it)

Any help will be appreciated!

They are lying to you. You only need to work one weeks notice.

Have you had your P45? If not, they are unlikely to have terminated you. They do this to keep labour turnover down. May be worth a call to HR to see what they have to say

Edit: Sorry, just noticed, you say you didn't work your final two days shifts? That may be why.

Undervalued · 11 February 2015 at 9:13PM

Jinxey wrote: »

They are lying to you. You only need to work one weeks notice.

Have you had your P45? If not, they are unlikely to have terminated you. They do this to keep labour turnover down. May be worth a call to HR to see what they have to say

Edit: Sorry, just noticed, you say you didn't work your final two days shifts? That may be why.

As I read it, the OP is saying he gave a week's notice but then declared himself unable to work part of it - so effectively he didn't give a week's notice!

Nowhere does it say he was expected to give more.

So, as others have said.....

Yes, he is entitled to his accrued holiday pay.

However, if he chooses to pursue this there is a risk that there will be a counter claim made against him for any unavoidable losses the firm suffered as a result of him failing to honour his notice.

One other point, a lot of McDonalds are run as franchises. If so in this case his claim would be against the franchisee, effectively a small business, and not the giant multi national!

When_the_going_gets_tough · 12 February 2015 at 1:05AM

was your contract for a fixed number of hours per week or effectively a zero hours contract - if the latter I think you can refuse any shift without any penalty. Equally the two issues of notice and holiday are I think seperate and cannot be combined in this way.

mum2one · 12 February 2015 at 1:20AM

I would contact HRR and see what they say x

chaosky · 12 February 2015 at 7:24AM

The 2 days i did not do was due to training for new job, not avoidable.
and it was zero hour contract with mcdonalds, not fixed term
i asked multiple times for time off for those days off to train for the new job within that week, even applied to have those days off as holiday, paid or unpaid.
and no i haven't received my p45.

Undervalued · 12 February 2015 at 9:23AM

chaosky wrote: »

The 2 days i did not do was due to training for new job, not avoidable.
and it was zero hour contract with mcdonalds, not fixed term
i asked multiple times for time off for those days off to train for the new job within that week, even applied to have those days off as holiday, paid or unpaid.
and no i haven't received my p45.

The "not avoidable" part is irrelevant as that is not your former employer's problem. Subject to very few restrictions an employer can dictate when you can and cannot take your holiday.

However, if this was truly a zero hour contract, then the whole concept of notice becomes somewhat meaningless as you were under no obligation to accept any work offered.

So, based on what you have posted here you are entitled to your accrued holiday pay and if they refuse you will have to take legal action.

Start with a "letter before action" clearly setting out what you are owed and ask for payment by a particular date (say three weeks from the date of the letter).

sjbrun · 12 February 2015 at 12:30PM

I'm currently doing an employment tribunal claim for unpaid holiday pay with another major retailer. The problem I had was the store was saying contact head office and head office said its the stores fault and to contact them.

The problem you may have is that throughout that claim I was told I only had 3 months to make it and they made me aware of the timescales throughout. As its longer than 3 months macdonalds may know that you only have that time and might ignore you.

However if I were you I would phone ACAS for advice as they would have contacts at macdonalds who might help

Undervalued · 12 February 2015 at 12:59PM

sjbrun wrote: »

I'm currently doing an employment tribunal claim for unpaid holiday pay with another major retailer. The problem I had was the store was saying contact head office and head office said its the stores fault and to contact them.

The problem you may have is that throughout that claim I was told I only had 3 months to make it and they made me aware of the timescales throughout. As its longer than 3 months macdonalds may know that you only have that time and might ignore you.

If it is just a debt with no employment issues to be decided then you can make the claim in the small claims court. There are several advantages in that the fees are lower, unlike an ET they will be added to the judgement if you win and the time limit is six years (five in Scotland).

McDonalds not paying accured holiday pay after termination

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