McDonald's stole my holiday pay!

joe280

,,,,,,,,,,,,,,,,,,,,,

londondulwich

Witholding holiday pay is the same as refusing to pay wages.

The law does not see holiday pay as a discretionary bonus. Failure to include your holiday entitlement in your last pay cheque is classified as an 'unlawful deduction' from your wages.

There is an exception though.

Every employee earns holiday pay according to their hours and remuneration, for up to one year's worth of service. If the employee takes no holiday time for 2 years and in their third year of service decides to take time off, they will only be entitled to the amount of holiday pay they have earned for that 3rd year. The other two years worth of holiday pay have been lost and cannot be recovered.

So if you worked for McDonald's for more than 1 year and only left at the beginning of your second year of service, the holiday pay you didn't use in the first year is gone.

You need to refer to the Mc Donald's staff hand book or your contract of employment and see when the holiday year begins. Some companies start it in January some in October etc...

joe280

,,,,,,,,,,,,,,,,,,,,,,

londondulwich

Statute overrides managers of McDonald's.

For instance, the new manager could decide to disregard best before dates or storage temperature conditions for meat, if his 'new rules' are put forward as a defence to poisoning customers, the court will not be terribly impressed.

Refer back to your contract/ staff hand book - if you were not given one that is another claim - and check when the holiday year begins.

If you have thrown it away, ask a friend who still works there to look through his copy.

Until you know the start and end dates of the holiday year it is difficult to be certain if you have a claim.

joe280

,,,,,,,,,,,,,,,,,,,,

zowoods

Also check what rate you "earn" your holiday as get the entitlement as soon as start working but actually accrue it during the full yr.
So if I worked 6 months I would entitled to half of the holiday annual entitlement (normally based on your contract) but could have taken the full yr and I would then have to pay back the additional taken.

My staff quite often fail to understand this logic but at our company any outstanding holiday you have accrued would be paid in last pay (assuming they have been terminated on the system as a leaver would get P45 if had - quite often at our company mgrs forgot to do this straight away).

But would def call HR or the store manager to clarify these points as well as when the holiday yr starts/finishes as that will affect your entitlement.
Quite right that if fail to take it in the financial yr you will lose it.

joe280

,,,,,,,,,,,,,,,,,,

londondulwich

It would be wonderful if the new holiday year begins in August and you left in July.

An example of where you would lose your entitlement would be:

McDonald's starts their holiday year on the 6th of April and ends it on the 5th April of each following year. You joined them on 1st January.

All the holiday pay accrued between 1st of January and 5th of April would have been lost (unless you took time off under the premise of being on holiday).

In this situation the only holiday pay you would be owed is what was earned between 6th of April and the date you left in July.

Everything before those dates would have been lost.

If you want the money back it is probably best to be certain of how much you are owed.

joe280

,,,,,,,,,,,,,,,,,,,,,,,,,,

McKneff

it is against the law for them not to supply you with a P45 on leaving or in the post within 5 working days. There are three copies to a P45
one to you
one to the tax office
one that they keep

Write to them at a head office simply informing that you have not received any holiday accrual money, final payslip or P45 and wait and see what they say. Little point in going in to the place. wages will probably be done at a central location. So as soon as you walk out of the door the manager will have forgotten you have ever been

good luck

C_Ronaldo

The manager probably thinks that because your a teenager your easily fobbed off, im not saying its the case mind, try contacting HO as annie says