Claiming money back for paid holidays

sahun

tinkerbell84 wrote: »

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

Primarks financial year seems to run September to September, dont know why. Any holidays taken before 14th september classes as last year, my holiday was 13th september.

gordonstights

tinkerbell84 wrote: »

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

A company can choose whatever month they like when they first start trading. It doesn't have to fall in line with the Inland Revenue.

tinkerbell84

gordonstights wrote: »

A company can choose whatever month they like when they first start trading. It doesn't have to fall in line with the Inland Revenue.

I know. It was the OPs statement that they ran in line with "the financial year" that threw me :rolleyes:

Savvy_Sue

They might have meant in line with Primark's financial year.

foxxymynx

Can't you claim it back on the same pretenses as any other debt? If someone owes you money, you have 6 years to reclaim it.

IMO they're being unreasonable and trying to fob you off

sahun

foxxymynx wrote: »

Can't you claim it back on the same pretenses as any other debt? If someone owes you money, you have 6 years to reclaim it.

IMO they're being unreasonable and trying to fob you off

This is my first job, so have never been in this situation before, and dont have a clue about how to go about claiming it back, as have been told I cant, which must be wrong...and potentially illegal.

Savvy_Sue

Sometimes a simple letter stating the legal position as you understand it is enough to get the matter sorted. It may be a mistake on their part, whoever you spoke to may think they are right just because they haven't come across this before, or may be fobbing you off because they don't know how to sort it out.

I would read up on the ACAS site, maybe phone them for advice, and send a letter.

Polite, factual, setting out what you want, ie a day's holiday in your next pay packet. gordonstights wording is a good start, but being able to refer to the relevant legislation (which ACAS will give you) is useful.

LittleVoice

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.

I believe Primark will have provided written particulars which inform the employee of the need to take paid holiday during the holiday year or lose it.

AFAIK it is not a requirement within the legislation that employers should remind employees as the holiday year end approaches.

What is at the heart of this problem is that no entry was made in the holiday book. If the entry was not under the control of sahun, then it is a system failure. It should be raised as a grievance - though it will probably be based on the word of sahun regarding the original notification and, possibly, on the subsequent oral reminder to the supervisor if the supervisor will not admit to the conversation and presumably their own failing in the matter.

Of course they can make a payment for the holiday which was taken and it will have no affect on this year's holiday entitlement. It should just be an "adjustment" on the payslip where the payment is made.

Torby

I think I might have missed this in your post but,

Where or who did you get your holiday form from?

when you filled in your holiday form who did you give it to/where did you hand it in?

Where is your holiday form now? (they are normally held by management/hr)

If you were not elligble for holidays, why were you not informed when you submitted the form?

Is there anything that has been added to the form, signature authorising or notes about declining the holiday?

If your form is back with HR, ask for it saying you want to book a holiday....DO NOT ASK FOR IT BECAUSE YOU HAVE A QUERY...its easy at that stage to add a note or signature from HR or management.

If you are not able to take your holidays due to the exigincies of the business....you should be able to receive payment in lieu OR carry them over....

If nothing else, it may be wise to highlight that HR/management were at fault in not processing your application correctly or advising on the fact holiday wasn't approved.....its better to do that, than have an "unauthorised" days absence (which is what it ammounts to) which is 1 strike on the route to paying off people in this current recession.

( I am aware of a person cautioned for failing to wear a hi vis jacket under the H & S rules...employers are looking at every option nowadays to streamline staffing costs etc)

Remember if you work additional hours over your contract...you may accrue additional holiday entitlement

Ask fellow workers if they are in a Union ( Normally USDAW for shop workers) consider joining it...its a small weekly payment....but worth it

sahun

Torby wrote: »

I think I might have missed this in your post but,

Where or who did you get your holiday form from?

when you filled in your holiday form who did you give it to/where did you hand it in?

Where is your holiday form now? (they are normally held by management/hr)

If you were not elligble for holidays, why were you not informed when you submitted the form?

Is there anything that has been added to the form, signature authorising or notes about declining the holiday?

Basically there are a load of forms in the canteen and if we want a holiday we fill one in and put it in a holiday forms box, stating which department we work on, the date we want the holiday, and the reason for the holiday. Then a member of management is supposed to go through the forms every week and approve or refuse the holidays. I handed my form in about 5 weeks before the holiday, so plenty of time for them to process it.
Dont know where the form is now, probably filed in HR somewhere. I was never told if the form was approved or refused, as never recieved a reply, but I know the form was taken from the box as checked it every week for a reply slip.
The thing is I was elligible for holidays, as it states in my handbook I accrue holiday entitlement from my first day of employment. And when I mentioned it to my supervisor she didnt say anything about me not being able to claim holiday pay, but it was then never entered into the holiday books.