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  • FIRST POST
    chaosky
    McDonalds not paying accured holiday pay after termination
    • #1
    • 11th Feb 15, 6:15 PM
    McDonalds not paying accured holiday pay after termination 11th Feb 15 at 6:15 PM
    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!
Page 1
    • Takeaway_Addict
    • By Takeaway_Addict 11th Feb 15, 7:10 PM
    • 5,514 Posts
    • 6,265 Thanks
    Takeaway_Addict
    • #2
    • 11th Feb 15, 7:10 PM
    • #2
    • 11th Feb 15, 7:10 PM
    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.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Charlotte17
    • #3
    • 11th Feb 15, 7:18 PM
    • #3
    • 11th Feb 15, 7:18 PM
    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!
    Originally posted by chaosky
    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
    • By Jinxey 11th Feb 15, 7:22 PM
    • 12 Posts
    • 2 Thanks
    Jinxey
    • #4
    • 11th Feb 15, 7:22 PM
    • #4
    • 11th Feb 15, 7:22 PM
    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!
    Originally posted by chaosky
    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
    • By Undervalued 11th Feb 15, 8:13 PM
    • 2,786 Posts
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    Undervalued
    • #5
    • 11th Feb 15, 8:13 PM
    • #5
    • 11th Feb 15, 8:13 PM
    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.
    Originally posted by Jinxey
    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!
    Last edited by Undervalued; 11-02-2015 at 8:44 PM.
    • When the going gets tough
    • By When the going gets tough 12th Feb 15, 12:05 AM
    • 561 Posts
    • 1,021 Thanks
    When the going gets tough
    • #6
    • 12th Feb 15, 12:05 AM
    • #6
    • 12th Feb 15, 12:05 AM
    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
    • By mum2one 12th Feb 15, 12:20 AM
    • 16,106 Posts
    • 59,859 Thanks
    mum2one
    • #7
    • 12th Feb 15, 12:20 AM
    • #7
    • 12th Feb 15, 12:20 AM
    I would contact HRR and see what they say x
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  • chaosky
    • #8
    • 12th Feb 15, 6:24 AM
    • #8
    • 12th Feb 15, 6:24 AM
    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
    • By Undervalued 12th Feb 15, 8:23 AM
    • 2,786 Posts
    • 2,515 Thanks
    Undervalued
    • #9
    • 12th Feb 15, 8:23 AM
    • #9
    • 12th Feb 15, 8:23 AM
    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.
    Originally posted by chaosky
    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
    • By sjbrun 12th Feb 15, 11:30 AM
    • 403 Posts
    • 380 Thanks
    sjbrun
    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
    • By Undervalued 12th Feb 15, 11:59 AM
    • 2,786 Posts
    • 2,515 Thanks
    Undervalued
    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.
    Originally posted by sjbrun
    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).
  • chaosky
    Thanks for the advice guys!
    After just coming off the phone with ACAS they have advised me that what they are doing is illegal especially as it was a zero hour contract, regardless of notice. Advised to send a letter to the main franchisee/payroll office stating the situation and ask to be paid the full amount within 7 days from the dated letter, if no contact then further action can be taken.

    Thanks again
    • Takeaway_Addict
    • By Takeaway_Addict 12th Feb 15, 6:55 PM
    • 5,514 Posts
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    Takeaway_Addict
    So what I said in post 2...
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
    • Salo23
    • By Salo23 8th Oct 16, 1:05 PM
    • 1 Posts
    • 0 Thanks
    Salo23
    Hey chaosky, I have the same problem. Did you get paid after all?
    • davemorton
    • By davemorton 8th Oct 16, 2:05 PM
    • 24,622 Posts
    • 293,095 Thanks
    davemorton
    Hey chaosky, I have the same problem. Did you get paid after all?
    Originally posted by Salo23
    You might have trouble getting a reply, they have not logged on since that post.
    • t0rt0ise
    • By t0rt0ise 10th Oct 16, 7:22 PM
    • 2,862 Posts
    • 1,738 Thanks
    t0rt0ise
    Threaten them with small claims court. I did that with an NHS hospital and got paid the next day.
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