Claiming money back for paid holidays

sahun

Sorry just reposting as was told this is a better suited place for this post:

Firstly wasn't sure where to post this, so if is in wrong place feel free to move it to the right place.

I have been working at Primark for just over 3 months now, and took my first 'holiday' in the middle of September. I handed my holiday form in as we are told to and followed all the rules set out, but I never recieved a confirmation note, so spoke to my supervisor a couple of days before I took the day off and she said she knew nothing about it but would sort it for me, so I thought nothing of it.

Got my payslip this week and thought I had been short-payed so followed it up. When they checked the computers it said I had been marked as absent when I took the day off rather than being marked as a paid holiday. When I said it was a holiday they told me that there was nothing I could do as it was part of last years 'holiday year' and I couldnt claim the money back. It is not a lot of money, but as a student renting accomodation I need all the money I can get.

Has anyone experienced similar problems? and if so how did you overcome them??

DCFC79

When does primarks holiday year run, i know its not of much use now but you should have chased it up,

sahun

ended sept 14th. My day off was 13th sept, thing is I didnt realise that it wasnt noted down as a holiday, like it should have been.

Savvy_Sue

What does your contract say about when you are first entitled to paid holiday? You start to accrue it from day 1, but sometimes employers don't allow PAID holiday during your first 3 months, and presumably that was within the first 3 months.

Also I don't follow their reasoning. They should either have TOLD you to take any paid holiday you were entitled to, or let your carry it over, or paid you for it. At least that's what I THINK. You can't just take holiday away from people if they don't take it.

Savvy_Sue

What a weird time for a holiday year to begin / end!

sahun

Savvy_Sue wrote: »

Also I don't follow their reasoning. They should either have TOLD you to take any paid holiday you were entitled to, or let your carry it over, or paid you for it. At least that's what I THINK. You can't just take holiday away from people if they don't take it.

From what I understand we are allowed 14 days a year paid holiday, and I was under the impression that I could even take paid holiday during my first 3 months. When speaking to the head of HR she said that the only reason I didnt get paid was because it wasn't entered into the holiday book, therefore not put on the computer. And because it was 'last year' I couldnt claim it back as would muck up my holidays for this year.

gordonstights

Savvy_Sue wrote: »

Also I don't follow their reasoning. They should either have TOLD you to take any paid holiday you were entitled to, or let your carry it over, or paid you for it. At least that's what I THINK. You can't just take holiday away from people if they don't take it.

This is correct. At the end of their holiday year they should have totalled up the accrued holiday and given her the chance to take it before the year ended. Or, they tell her it is carried over to the new holiday year. The employer seems to be either trying it on or they just have idiots working in payroll who don't know employee rights.

OP you need to go back someone in management and tell them you are entitled to your holiday pay.

gordonstights

sahun wrote: »

And because it was 'last year' I couldnt claim it back as would muck up my holidays for this year.

You need to clarify what she is telling you here. Is she telling you you lost the holiday you accrued in the last holiday year? If so, this is unfair unless they specifically told you before the year end that you needed to take it.

sahun

gordonstights wrote: »

OP you need to go back someone in management and tell them you are entitled to your holiday pay.

It was the HR manager that told me I couldnt claim the money back as is classed as is last holiday year, which runs in line with the financial year.
Having read my contract and looked up in the Holidays section of my Staff Handbook it doesn't say anything about not being able to recieve paid holidays during my first 3 months, so I assume I was entitled to them.

tinkerbell84

sahun wrote: »

It was the HR manager that told me I couldnt claim the money back as is classed as is last holiday year, which runs in line with the financial year.
Having read my contract and looked up in the Holidays section of my Staff Handbook it doesn't say anything about not being able to recieve paid holidays during my first 3 months, so I assume I was entitled to them.

Financial year is April to April though, so how could holidays in September be counted as last year?

sahun

gordonstights wrote: »

You need to clarify what she is telling you here. Is she telling you you lost the holiday you accrued in the last holiday year? If so, this is unfair unless they specifically told you before the year end that you needed to take it.

I was never told 'I had to take a holiday'. It says in the Staff handbook that leave entitlement cannot be carried over to the next year, or money paid for leave not taken. But this is not the issue.
The problem is that I took a day holiday, which was not entered into the books properly meaning I was not paid for it. I am trying to see how I can claim this money back, as I am technically owed it as was meant to be a 'paid holiday'.