paid holidays

jetr77

Hi My husband has been offered a new job, if he takes it he will be entitled to his 5weeks holiday entitlement paid from his current job. Will he have to pay this to the OR?

Thanks

jetr77

any one any idea? Thanks

southgrange

The OR are interested in EVERYTHING!!!

My employer has an annual bonus scheme but it is against their policy to pay this to bankrupts if the OR is going to claim it.

I asked my OR if I could keep it because otherwise they wont pay me it and they said it would be of interest to them....so my employer probably wont pay me it now.

Ineedaname

Isn't your employer breaking his contractual obligations by not paying it? After all, it's none of his business what you do with the money once you receive it, and that includes 'allowing' the OR to take it off you.

southgrange

It is in the company handbook that they wont pay it if the OR is going to take it.....they are one of the UK's big retailers too.

Anyway we will see

Ineedaname wrote: »

Isn't your employer breaking his contractual obligations by not paying it? After all, it's none of his business what you do with the money once you receive it, and that includes 'allowing' the OR to take it off you.

JCS1

jetr77 wrote: »

Hi My husband has been offered a new job, if he takes it he will be entitled to his 5weeks holiday entitlement paid from his current job. Will he have to pay this to the OR?

Thanks

Is he leaving mid-way though the holiday year? And how many days in the current year has he taken?

He won't be entitled to 5 weeks holiday if leaving 3 months into the holiday year, but would get a pro-rata entitlment instead.

diddly74

jetr77 wrote: »

Hi My husband has been offered a new job, if he takes it he will be entitled to his 5weeks holiday entitlement paid from his current job. Will he have to pay this to the OR?

Thanks

Jet am I understanding that your husband has 5 weeks holiday entitlement that he has not used in the past 12 months? That he has this many days left from "last year"? If that is how you mean it then yes he is entitled to be paid it on leaving (I beleive). But if his holiday entitlement is 5 weeks a year, and lets say holidays run from Jan to December - he will accrue 2.08 days per month, meaning that by the end of February he will be entitled to be paid 4.16 days holiday pay (as long has he has not taken any) not the full 5 weeks worth.

If I am wrong I am sure someone will come along and put me right - but this is how it has always been worked out whenever I have left a job, and when I have been working out entitlement for my teams.

Ineedaname

Southgrange - It may be in the handbook and for a big company, but I'm not sure it's legal. Might be worth taking some advice on it.

Jet - I concur with the others, it's unlikely you OH will be due all his holiday unless he seriously hasn't taken any at all in the last leave year.

southgrange

Got a letter just 20 mins ago from them...they say that if I am discharged before end of Nov they may be able to pay it.

If I get an AD in November I may still get it but later providing I prove by December 1st that I have been discharged.

Trouble is that I am likely to be working elsewhere by then due to the lack of hours they give me.

Ineedaname wrote: »

Southgrange - It may be in the handbook and for a big company, but I'm not sure it's legal. Might be worth taking some advice on it.

Jet - I concur with the others, it's unlikely you OH will be due all his holiday unless he seriously hasn't taken any at all in the last leave year.

davidgmmafan

Hmm interesting points here, he's entitled to the holidays, so it does seem kinda harsh if the OR takes the cash essentially becausehasn't taken the holidays (if he had he would've been paid the holiday pay like regular wages).

On the issue around the bonus I can understand where the company is coming from, the money is just going to disappear, but I am inclined to agree this is not their concern.

Would they without a pay rise or holiday pay on the same grounds? Its none of thier business IMO and would be interested in the legalities of this. Hope someone knows for sure.

jetr77

Thanks for your replys. Hes been with the company for over 15 years, the union have confirmed that its in the contract if youve been there 15years or more youl be paid 5weeks holiday if you leave (not if sacked). Then on top any youve accrued in that year, which in his case will be none as used a couple already.