employer will not pay holidays accrued

meluvnext

my employer to whom I gave notice to because they would not allow me time off to take my disabled daughter to hospital appointments (only requested this once after 4 months working for them doing many unpaid hours in overtime), has not paid me holidays accrued.

I received my final pay today with p45 with no holiday on it. I phoned to query this he said they used my holiday pay to pay my notice period!

I was available, willing and able to work the 1 week notice period, it was my employer who chose for me not to work it, one of the managers wanted me to work it, the other didint, him being the bigger share holder had the final decision. I was informed that I would be paid to the end of the week as per contract. I was not once informed that my holiday accrued would be counted towards this notice period. told me to contact them if the employer choses not to pay up.

What can happen in this instance, I wasnt even aware they could do this to start with!

McKneff

If they chose not to let you work your notice they are legally obliged to pay you your notice period (a whole week, not just to the end of the week) and your accrued holiday pay.

Ring ACAS up for further advice

When did you hand your notice in and when did you actually leave. What did they actually say to you

meluvnext

I handed in my notice Monday 14th March informing them I was formally giving them 1 week notice, I thanked them for giving me the opportunity to work for them etc etc. Things were fine till lunch time. The director who intially really wanted me to stay and work the notice came in and said the owner had decided I should leave at lunch time, but he thanked me for my work and he really appreciated me keeping the on call at the weekend and I would be paid till the end of the week.

10 minutes later the owner came in and said I want you to get your stuff together and leave immediatley! That was that, I had nothing to get together so did just leave!

So I handed in my notce on the morning of the 14th March and they told me to leave in the afternoon.

McKneff

So, yes, they should have paid you till at least Friday night (nit picking would take it to Monday afternoon)

They also are legally obliged to pay your accrued holidays, full stop.

Give ACAs a ring, if you get nowhere there, you can get a half hour free time with a Solicitor,
Good luck and let us know how you get on, it may help other people in the future.

meluvnext

Yeah i rang ACAS they said they have to double the notice period if they wish to use holidays as the notice period so essentially 2 weeks rather than . I will just have to wait for a response to the letter but i firmly believe they just like to drag things out.

McKneff

Good for you, just stand your ground and dont let them bully you.

It might end up with a solicitors letter but chicken feed compared to two weeks pay.