Holiday pay after leaving

ramontheup

Hi have recently left a job that i felt i could no longer remain in as explained previously on here,now they are trying to say they dont owe me holidays i started working for them on the 23rd april 20010 and left on the 6th october i worked 5 nights a week for the period above i have done a calculation and believe im entitled to 12.7 days holiday having taken 6 days in august i believe im still entitled to 6.7 is this correct.contract says i am entitled to stautory minimum holidays inclusive of pulic/bank holidays.I would like to add i started new job on the 8th nov working mon-thur days on more money. :beer:

Barneysmom

Hi I'm sorry I can't help re your holidays but wanted to say well done and congratulations on your new job :beer: I hope it all works out for you.

ramontheup

Thanks for your kind words i think they just trying it on told me they will look into it if im due anything will have to wait till decembers pay told them this is not good enough seeing as i left in october.:j

devildog

It may be worth getting an employment type lawyer to have a quick look for you(they usually give 1/2 hrs free advice)If you are member of a union even better-get them to have a look! We had similar query with oh's holiday entitlement and queried it with Union-he ended up with quite a nice settlement :)Incidently not because the holiday entitlement was wrong(which it was) but because something else was picked up.

Uncertain

Take care you don't run out of time on this.

If they won't pay you have only three months (less one day) to file employment tribunal proceedings from the day the holiday pay should have been paid.

I would send then a final letter by recorded delivery setting out what is owed and give them 14 days to respond otherwise you will take action. If no response submit an ET1 form - you can do this on line.

You could also pursue this through the county court where you have up to six years (five in Scotland). However you would have to pay a fee up front (which would be added to the debt assuming you win). With an ET there is no fee to pay.

RedSoleShoes

Depending on how a company works, they may only accrue you holiday for full months that are worked (in your case, May, June, Jul, Aug, Sep) so 5 months. Statutory minimum for full time is 28 days (20 days + 8 BH). Now the thing I am not clear on is whether 28 days is divided by 12 for monthly allowance, or whether it is done by dividing 20 days by 12 as the BH are kind of separate.

So with the first option, for 5 months work, you would be entitled to 11.6 days (which they would round down to 11). With the second option, you would be entitled to 8.3 (or 8). So either way it looks like they owe you holiday.....

....unless of course, you left without giving notice in which case they would probably dock you some holiday. Check your contract.

Meadows

You would be entitled to 5/12 of your annual holiday entitlement (May - Sept) minus what you have already taken.

ramontheup

on checking government site it states they are not allowed to round down to only up at there discretion

Uncertain

LilyDeTilly wrote: »

Depending on how a company works, they may only accrue you holiday for full months that are worked (in your case, May, June, Jul, Aug, Sep) so 5 months. Statutory minimum for full time is 28 days (20 days + 8 BH). Now the thing I am not clear on is whether 28 days is divided by 12 for monthly allowance, or whether it is done by dividing 20 days by 12 as the BH are kind of separate.

So with the first option, for 5 months work, you would be entitled to 11.6 days (which they would round down to 11). With the second option, you would be entitled to 8.3 (or 8). So either way it looks like they owe you holiday.....

....unless of course, you left without giving notice in which case they would probably dock you some holiday. Check your contract.

Sorry but no!

He is entitled to the correct statutory holiday. The firm cannot get round this by contract wording or "procedures".

Equally they have no legal right to withhold holiday even if the OP left without notice. They may have other claims against him but two wrongs never make a right!

RedSoleShoes

Uncertain wrote: »

He is entitled to the correct statutory holiday. The firm cannot get round this by contract wording or "procedures".

Where did I say anything about them getting round things with "procedures"?? Some companies will only accrue holiday for full months.

Uncertain wrote: »

Equally they have no legal right to withhold holiday even if the OP left without notice. They may have other claims against him but two wrongs never make a right!

I have seen this in many employment contracts so I presume they cannot all be making an illegal statement.....

heretolearn_2

You are forgetting that your leave includes bank holidays so you need to deduct a day for each one since April and till you left. So, I can't remember Easter dates this year but possibly those, plus May bank hol and the 2 august bank hols. what's left is what they owe you.