Employer says no paid holiday entitlement - resignation letter help requested

CocoLoco_3

Can anyone assist me with a letter of resignation please? I have a Saturday job ( on top of my normal full time job ) which I wish to leave, however, I want to say in a nice way “by the way you owe me holiday pay”.

My contract states “there is no entitlement to paid holiday”, however, I know that the law states that you are entitled to 4.8 x your normal weekly hours as paid leave ( rising to 5.6 in April ). I don’t think that the shop owner is deliberately withholding leave, I think she genuinely doesn’t know the law ( for example, the full timers’ holiday is written in a book as: ( person’s name ) 5 days x 4 = 20 days, when it should be 5 days x 4.8 = 24 days, so they are missing out on 4 days’ leave each )

I thought it would be easier to mention the holiday paid in my letter of resignation, because if I get my final pay packet and holiday pay isn’t included, it’ll be harder to go back to her and ask for the holiday pay.

Does anyone have a suggestion as to how I can gently mention the holiday pay without sounding pushy?

Thanks in advance.

Mudd14

At the end of the letter I would put something like;

'I look forward to recieving my final payslip, P45 and outstanding holiday pay in due course.'

smartpicture

CocoLoco wrote: »

I know that the law states that you are entitled to 4.8 x your normal weekly hours as paid leave ( rising to 5.6 in April ).... ( for example, the full timers’ holiday is written in a book as: ( person’s name ) 5 days x 4 = 20 days, when it should be 5 days x 4.8 = 24 days, so they are missing out on 4 days’ leave each )

Are you sure about this? I was under the impression that the current minimum entitlement to holiday for full-timers is 20 days, including bank holidays, although it is due to increase to 20 days plus 8 bank holidays. I haven't heard the 4.8 figure mentioned before.

I do agree though that you should be entitled to holiday pay of some description.

CocoLoco_3

smartpicture wrote: »

Are you sure about this? I was under the impression that the current minimum entitlement to holiday for full-timers is 20 days, including bank holidays, although it is due to increase to 20 days plus 8 bank holidays. I haven't heard the 4.8 figure mentioned before.

Hello,
I got the information from Direct.gov, which says:

The basics of holiday rights

There is a minimum right to paid holiday, but your employer may offer more than this. The main things you should know about holiday rights are:

• you are entitled to a minimum of 4.8 weeks times your usual working week (from 1 October 2007)
• the entitlement will increase to 5.6 weeks from 1 April 2009
• those working part-time are entitled to the same level of holiday pro rata (so currently 4.8 times your usual working week)
• you start building up holiday as soon as you start work
• your employer can control when you take your holiday
• you get paid your normal pay for your holiday
• when you finish a job, you get paid for any holiday you’ve not taken
• bank and public holidays can be included in your minimum entitlement

shame it doesn't tell me how to stop being a coward and just ask for it!!

liney

Print the page, enclose it with the letter of resignation, and put something like:
" I Feel there is a misunderstanding in regard to holiday pay: my contract states that i am not entitled, however you are not able to over turn my Statory Legal rights as listed on the attached document. Also, please note that the multiple is 4.8 weeks, not 4 as you are currently using for full time members of staff, and that part time persons are entitled on a Pro-rata basis.

I have calculated i am outstanding X days which i look forward to receiving along with my P45"

Kind Regards

Blah

Ivrytwr3

My question would be is it a significant amount? I KNOW you are entitled to holiday pay, but if this will cause bad feeling between you and the employer then what effect will this have on your future reference?

If it is a significant sum to you and you aren't bothered about a reference then just ignore me!!

I would in that instance actually have a private word with her, point out her mistake, backed up with a leaflet/something downloaded from the net which reflects what you should be legally getting.

CocoLoco_3

Ivrytwr3 wrote: »

My question would be is it a significant amount? I KNOW you are entitled to holiday pay, but if this will cause bad feeling between you and the employer then what effect will this have on your future reference?

I calculate it as 5.3 days owed to me. We get paid minium wage, and I only work Saturdays ( 7.5 hours a week ) so it would be 5.73 x 7.5 x 5.3 = £227 before tax, which is a fair bit.
I won't need a reference from them, because it is just one day a week, and my full time job is in an entirely different field, but I still don't want to upset the shop owner.

PS - thanks for your reply

surreysaver

smartpicture wrote: »

Are you sure about this? I was under the impression that the current minimum entitlement to holiday for full-timers is 20 days, including bank holidays, although it is due to increase to 20 days plus 8 bank holidays. I haven't heard the 4.8 figure mentioned before.

There is no point stating the law in the number of days, because not everybody does a five day week. Full-timers might work their full time hours over three days of 12 hours each - if these people got 24 days as suggested by others, they would end up with 8 weeks annual leave! That is why the law states 4.8 / 5.6 weeks, to account for people's different working patterns.

flea72

liney wrote: »

Also, please note that the multiple is 4.8 weeks, not 4 as you are currently using for full time members of staff

an employer can state 4 weeks holiday, as they can include your bank holidays in the .8

this is how alot of companies are getting around the increases in holiday entitlement. basically stick with the 20 working days holiday (ie 4 weeks), and using any increases to knock off what were previously paid for bank holidays. so whereas i used to get 20 days plus b/hols, i now get 20 days holiday, 4 b/hols that have to be taken as holiday, and 4 that are paid b/hols (working on the standard 8 b/hols a year)

Flea

flea72

surreysaver wrote: »

There is no point stating the law in the number of days, because not everybody does a five day week. Full-timers might work their full time hours over three days of 12 hours each - if these people got 24 days as suggested by others, they would end up with 8 weeks annual leave! That is why the law states 4.8 / 5.6 weeks, to account for people's different working patterns.

holiday entitlement is you get 'your' working day off, paid. so someone who works one hour a day, 5 days a week, would get 24 of 'their' days off - somone who works 3 x 12hr shifts, would only get 3/5s of the entitlement, so 14.4 of 'their' woking days off

It doesnt matter how many hours you do in a week, its how many days you work (and over how many days your company works its 'week') - although some companies find it easier if they have alot of p/t staff, to work holiday entitlement out, using time rather than days (espec if the p/t staff work different length shifts from one day to the next)

Flea

surreysaver

flea72 wrote: »

holiday entitlement is you get 'your' working day off, paid. so someone who works one hour a day, 5 days a week, would get 24 of 'their' days off - somone who works 3 x 12hr shifts, would only get 3/5s of the entitlement, so 14.4 of 'their' woking days off

It doesnt matter how many hours you do in a week, its how many days you work (and over how many days your company works its 'week') - although some companies find it easier if they have alot of p/t staff, to work holiday entitlement out, using time rather than days (espec if the p/t staff work different length shifts from one day to the next)

Flea

That's what I said, but in a less complicated way - i.e. the same way in which the law says it - 4.8 / 5.6 weeks. That way it takes into account part timers, and full-time staff who do not do a standard 5-day week. In fact, it is worked out in the number of hours you work - not the number of days as you state, as some people vary the number of days they work each week. There's no point complicating it by stating number of days - that is a mis-nomer.