still no holiday pay

meluvnext

my ex employers are still refusing to may my holidays, I handed in my notice giving 1 week as per contract, they did not want me to work it, although I was happy to work it.

All because of a clause in contract that states you must have taken all your holidays before the notice is handed in, however the abusive actions of another member of staff meant I could not give the 2 weeks warning that 3was required to book your holidays in the first place meant I was pretty much forced into handing my notice in when I did.

My employer chose for me not to work my notice saying I wouldbe paid till the end of that week (not informing me my holidays would be used as my notice period).

I was expecting and had accrued 5 days holidays.

it is in the hands of a solicitor at the moment just praying I can get something.

Uncertain

meluvnext wrote: »

my ex employers are still refusing to may my holidays, I handed in my notice giving 1 week as per contract, they did not want me to work it, although I was happy to work it.

All because of a clause in contract that states you must have taken all your holidays before the notice is handed in, however the abusive actions of another member of staff meant I could not give the 2 weeks warning that 3was required to book your holidays in the first place meant I was pretty much forced into handing my notice in when I did.

My employer chose for me not to work my notice saying I wouldbe paid till the end of that week (not informing me my holidays would be used as my notice period).

I was expecting and had accrued 5 days holidays.

it is in the hands of a solicitor at the moment just praying I can get something.

They cannot legally withhold pay, regardless of the circumstances of your leaving.

However, they may well be able to insist that you take any unused holiday during the notice period. Most employment contracts give the firm that option. Obviously if you have more holiday than the length of the notice they must pay you for what remains after you leave.

If your holiday entitlement is not as long as your notice period but they don't want you to work then this is "garden leave" and must be paid.

Remember holiday continues to accrue right up to your leaving date so don't forget to include this.

meluvnext

they did not inform me that they were going to use my holidays as notice, they had to finish me temporarily back in january due to financial difficulties and back then they finished me on a tuesday, paid me till the end of the week and gave me 3.5 holidays accrued, so there is no consistency there at all.

Uncertain

meluvnext wrote: »

they did not inform me that they were going to use my holidays as notice,

I don't think that helps all that much. Having thought about it they will no doubt claim they told you!