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  • FIRST POST
    • lskins94
    • By lskins94 2nd Oct 17, 1:29 PM
    • 3Posts
    • 0Thanks
    lskins94
    Old employer claims I will not receive my final pay due to holidays taken
    • #1
    • 2nd Oct 17, 1:29 PM
    Old employer claims I will not receive my final pay due to holidays taken 2nd Oct 17 at 1:29 PM
    Hello all,
    This is my first post on behalf of my Mum who left her job on Friday (after giving her notice). She received a call today saying that she will not receive her final pay due to holidays taken during the notice period. These holidays were already booked before she had handed in her notice and before she even knew that she had a new job. These holidays were not extra days off but within her entitlement. It wasnít written in her employment contract either. If it helps, she has been at this place of work for 5 years.

    She does not know if this the right thing for her previous employer to do as it hasnít happened before in all of her days of employment. We have looked at the gov.uk website but would appreciate any advice or information that you can give.

    Thank you very much in advance
Page 1
    • Comms69
    • By Comms69 2nd Oct 17, 1:34 PM
    • 1,292 Posts
    • 1,050 Thanks
    Comms69
    • #2
    • 2nd Oct 17, 1:34 PM
    • #2
    • 2nd Oct 17, 1:34 PM
    So how many holidays has she had this year? And when is the holiday year for this company?
    • lskins94
    • By lskins94 2nd Oct 17, 1:38 PM
    • 3 Posts
    • 0 Thanks
    lskins94
    • #3
    • 2nd Oct 17, 1:38 PM
    • #3
    • 2nd Oct 17, 1:38 PM
    The holiday year is from April to the following April and out of 219 hours (they do it by hours), she has had 158 of those hours.
    • Oakdene
    • By Oakdene 2nd Oct 17, 1:43 PM
    • 1,393 Posts
    • 4,174 Thanks
    Oakdene
    • #4
    • 2nd Oct 17, 1:43 PM
    • #4
    • 2nd Oct 17, 1:43 PM
    Even looking at it without working it out, it is obvious she has used more holidays than she is entitled to on a pro rata basis.
    Hiraeth
    • i want to believe
    • By i want to believe 2nd Oct 17, 1:44 PM
    • 130 Posts
    • 254 Thanks
    i want to believe
    • #5
    • 2nd Oct 17, 1:44 PM
    • #5
    • 2nd Oct 17, 1:44 PM
    She has worked 50% of the holiday year and should therefore be entitled to 50% of her holiday allowance
    50% of her allowance of 219 hours is 109.5, therefore pro rata she has used more than her entitlement. Anything in excess of this would be taken from any final salary or be expected to be repaid.
    • indianabones
    • By indianabones 2nd Oct 17, 2:47 PM
    • 193 Posts
    • 199 Thanks
    indianabones
    • #6
    • 2nd Oct 17, 2:47 PM
    • #6
    • 2nd Oct 17, 2:47 PM
    "She received a call today saying that she will not receive her final pay due to holidays taken during the notice period. These holidays were already booked before she had handed in her notice and before she even knew that she had a new job."

    Two seperate issues here, the guys above have explained and it's common knowledge if you use up your holidays pro-rata and then some, you'll owe them money.

    However the amount you get paid is determined by when she is leaving as well. Unless she left right at the start of a pay cycle, you'd think she's be getting some pay if not all. If it's at the start of a cycle, then be grateful they're not asking you to pay up.
    • lskins94
    • By lskins94 2nd Oct 17, 3:22 PM
    • 3 Posts
    • 0 Thanks
    lskins94
    • #7
    • 2nd Oct 17, 3:22 PM
    • #7
    • 2nd Oct 17, 3:22 PM
    Thank you very much
    • TBagpuss
    • By TBagpuss 2nd Oct 17, 8:12 PM
    • 6,084 Posts
    • 7,834 Thanks
    TBagpuss
    • #8
    • 2nd Oct 17, 8:12 PM
    • #8
    • 2nd Oct 17, 8:12 PM
    If she is unclear she can ask the employer to give her a breakdown of how they have calculated what she is (or is not) entitled to, but as others have sad, it sounds as though she'd taken more holiday than she had accrued, so they are entitled to (in effect) treat the extra as unpaid days off. In the same way, if she had taken less than she'd accrued, she would have been entitled to be paid for the holiday time she had accrued but not used.
    • TELLIT01
    • By TELLIT01 2nd Oct 17, 10:08 PM
    • 4,256 Posts
    • 4,435 Thanks
    TELLIT01
    • #9
    • 2nd Oct 17, 10:08 PM
    • #9
    • 2nd Oct 17, 10:08 PM
    It would appear that she has taken roughly 8 1/2 months worth of holiday entitlement but only entitled 6 months worth. She's been 'overpaid' by around 45 hours, which is why her final pay will be reduced.
    • getmore4less
    • By getmore4less 3rd Oct 17, 4:45 AM
    • 30,798 Posts
    • 18,410 Thanks
    getmore4less
    Does the employment contract have recovery of overtaken holiday clauses.
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