PILON and holidays

Mudslinger · 5 January 2018 at 7:39PM

Hi Everyone, I found this site whilst looking for advice on holidays and PILON and would like some advice.

I will start from the beginning.
I had been working at my previous employer since August 2017. My contract stated that I needed to give 4 weeks notice if I wanted to leave or the employer had to give me one weeks notice until the end of my probationary period.
I handed my notice (4 weeks) in at my former employer on 14th December. On the 15th December I was given 1 weeks notice by my ex-employer, and basically told to leave straight away and that I would be paid for the following week
I have been paid for the weeks notice, but for that week I already had booked 3.5 days annual leave. I haven't been paid this annual leave in addition to my PILON payment.

Can they do this? I have effectively had only 1.5 days paid notice and not been paid for holidays accrued.

Many Thanks
M

General_Grant · 5 January 2018 at 8:57PM

Mudslinger wrote: »

Hi Everyone, I found this site whilst looking for advice on holidays and PILON and would like some advice.

I will start from the beginning.
I had been working at my previous employer since August 2017. My contract stated that I needed to give 4 weeks notice if I wanted to leave or the employer had to give me one weeks notice until the end of my probationary period.
I handed my notice (4 weeks) in at my former employer on 14th December. On the 15th December I was given 1 weeks notice by my ex-employer, and basically told to leave straight away and that I would be paid for the following week
I have been paid for the weeks notice, but for that week I already had booked 3.5 days annual leave. I haven't been paid this annual leave in addition to my PILON payment.

Can they do this? I have effectively had only 1.5 days paid notice and not been paid for holidays accrued.

Many Thanks
M

When did the holiday year start/end?
When exactly did you start?
What paid time have you had off - August Bank Holiday? any other?

Mudslinger · 5 January 2018 at 9:06PM

Hi, thank you for answering my message. The Holiday year ran from the beginning of February until the end of January.

I started on the 15th August, which gave me 11.5 days until the end of January, so my entitlement up until the 22nd of December (the end of my notice period was 8.8 days)

I did have the August bank holiday off, and it was specified in my contract that these were in addition to the annual leave.

The amount of holidays I took up to the date when I was escorted off of the site was 5.5 days, so I am still entitled to 3.5 days holiday which the employer has used as part of my PILON period.

Hope that makes sense?

Many thanks

tripled · 5 January 2018 at 9:16PM

No, if you have pre-booked holiday you don't get both. You got the time off that you had booked. The extra 1.5 days was a bonus.

You do however continue accumulating leave through that week, so you should make sure your total leave has been calculated correctly between the start and end dates of your employment.

Mudslinger · 5 January 2018 at 9:22PM

Thank you, that doesn't sound correct to me though.

Effectively I have had 1.5 days paid notice when I should have been given one week.

If you look at it the other way around and that I have been paid for a weeks notice that still leaves them owing me 3.5 days holiday.

If I am wrong you will have to explain (sorry but tired and stressed).

Many thanks.

tripled · 5 January 2018 at 9:40PM

If you had gone into work that week you would only have worked 1.5 days. The other 3.5 days you had previously booked off as holiday. You still got that holiday. They told you not to turn up for the other 1.5 days. As this was within your notice period, they had to pay you for those 1.5 days.

Had you not had holiday booked, you would have been expected to be in work all week and if they told you not to come in, they would have had to pay you for the week and the outstanding holiday on top.

anamenottaken · 5 January 2018 at 9:52PM

It wasn't actually PILON (Pay in Lieu of Notice). They gave you notice and paid you for it - the one week you were not required to work.

Mudslinger · 5 January 2018 at 9:52PM

Thank you Tripled.

I had no option of working the 1.5 days or the holiday as I was escorted from the premises on the friday beforehand and told not to come back

I cannot see how it could work any other way, I get one weeks paid notice plus any untalen holiday. I cannot see why my holiday should form part of my required notice.

I wish I had waited until the end of the month (payday) and resigned. I would have been £500 better off for the sake of 1.5 days work.

tripled · 5 January 2018 at 10:08PM

They could have made you work those 1.5 days had they wanted to. They couldn't make you work the 3.5 days as it was pre-booked holiday. The fact that they didn't make/let you come into work is neither here nor there.

Yes, had this happened a week later then you would have only worked 1.5 days and then the following week you might have had a paid week off. However they equally might have decided that for a full week it was worth making you come in.

daisy23169 · 5 January 2018 at 10:50PM

What date did your employment actually officially end? The date will be on your P45 if your employer didn't confirm it in writing elsewhere.

If it ended on 22nd Dec then previous posters are correct, the week 18-22 Dec was your paid notice period - you were on leave for 3.5 days of it and your employer did not require you to work the additional 1.5 days.

If your employment ended immediately on 15th Dec, then I think you would be correct and your employer should pay you 1 week PILON plus any outstanding holiday as at your leaving date, so 3.5 days.

So it depends whether you were dismissed with immediate effect on 15th Dec or whether you were given a week's notice on 15th Dec and not required to attend on the days you would otherwise have been due in work that week. (Unfortunately it sounds like it's the latter).

getmore4less · 12 January 2018 at 9:52AM

If there was holiday booked during a period covered by a PILON payment they can count the holiday as being used.
PILON puts you in same financial position as if you had worked.

Accrual of holidays stop at termination date even with a PILON payment.

The later normally applies because it is always(nearly) possible for an employer to have had you take the holiday.

Where PILON already includes holiday pay there may be additional holiday accrued if the notice period for taking holiday can not be met.

There may also contractual clauses that can use holiday during notice or in PILON payments.

PILON and holidays

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