Withheld holiday pay

leejones_01

I've just recently let my previous job for a new one but they have withheld 6 days holiday. My Holiday runs Jan to Dec and I left in July. At the end of last year I was asked not to use up my remaining 6 days in December so carried them over but My contract states

[FONT=&quot]On ton termination of your employment, holiday pay will be given for earned and unused days of holiday entitlement in that holiday year only. Unless required by law, on termination, you have no right to be paid for holiday accrued but not taken in previous holiday years. If, on termination, you have taken more holiday than you have earned in that year, the Company shall be entitled as a result of your agreement to the terms of this contract to deduct the value of the unearned holiday from any final payment of salary made to you.[/FONT]

I would say that the first 6 days holiday used for this year were the days I carried over so am still owed holiday but they say I'm not entitled to the days, who is correct?

Also they regularly split my pay, paying me half at the end of the month (pay day) and the rest later in the month. Is this allowed?

Jarndyce

leejones_01 wrote: »

I've just recently let my previous job for a new one but they have withheld 6 days holiday. My Holiday runs Jan to Dec and I left in July. At the end of last year I was asked not to use up my remaining 6 days in December so carried them over but My contract states

[FONT=&quot]On ton termination of your employment, holiday pay will be given for earned and unused days of holiday entitlement in that holiday year only. Unless required by law, on termination, you have no right to be paid for holiday accrued but not taken in previous holiday years. If, on termination, you have taken more holiday than you have earned in that year, the Company shall be entitled as a result of your agreement to the terms of this contract to deduct the value of the unearned holiday from any final payment of salary made to you.[/FONT]

I would say that the first 6 days holiday used for this year were the days I carried over so am still owed holiday but they say I'm not entitled to the days, who is correct?

Also they regularly split my pay, paying me half at the end of the month (pay day) and the rest later in the month. Is this allowed?

Seems fairly clear to me that the extract of your contract you have quoted allows them not to pay you for carried over holiday (assuming such a clause is legally valid - I'm aware of some conflicting case law as to whether a clause can be implied entitling to pay in lieu of untaken holiday, but not any cases which cover carried over leave).

However if you have already taken 6 or more days this year that shouldn't be an issue, should it?

As regards split pay, again your contract should state when you are to be paid each month, but if you have already left that would appear to be academic.

LadyMissA

ok so they wont pay you for carried forward holiday which is fair unless they told you that you couldn't take it or they wanted you to carry it forward but since you have that in the contract you know that was the case. What you should have done was book the 6 days off then a few days later resign. Booked holiday would be paid then

suicidebob

If you have taken 6 days holiday this year then this would be your days from 2010, and you are entitled to be paid for any days untaken for 2011.

Stern letter might get them to pay up.

Sambucus_Nigra

leejones_01 wrote: »

I've just recently let my previous job for a new one but they have withheld 6 days holiday. My Holiday runs Jan to Dec and I left in July. At the end of last year I was asked not to use up my remaining 6 days in December so carried them over but My contract states

[FONT=&quot]On ton termination of your employment, holiday pay will be given for earned and unused days of holiday entitlement in that holiday year only. Unless required by law, on termination, you have no right to be paid for holiday accrued but not taken in previous holiday years. If, on termination, you have taken more holiday than you have earned in that year, the Company shall be entitled as a result of your agreement to the terms of this contract to deduct the value of the unearned holiday from any final payment of salary made to you.[/FONT]

I would say that the first 6 days holiday used for this year were the days I carried over so am still owed holiday but they say I'm not entitled to the days, who is correct?

Also they regularly split my pay, paying me half at the end of the month (pay day) and the rest later in the month. Is this allowed?

By which date had you taken those first 6 days in this leave year.

What's your annual leave entitlement?

How many of this year's days have you taken so far?

Uncertain

Jarndyce wrote: »

Seems fairly clear to me that the extract of your contract you have quoted allows them not to pay you for carried over holiday (assuming such a clause is legally valid - I'm aware of some conflicting case law as to whether a clause can be implied entitling to pay in lieu of untaken holiday, but not any cases which cover carried over leave).

I would also question the legality of this.

You have to be allowed to take your statutory minimum holiday each year (i.e. 28 days). You cannot opt to be paid extra and forgo some of this holiday. Also, AFAIK you cannot carry it over.

Obviously, if you get more than the statutory minimum holiday then the firm can lay down pretty much whatever terms they like regarding the additional days such as being able to carry them over and to forfeit then under certain circumstances.

Hopefully SarEl will give chapter and verse on this shortly!

LittleVoice

Uncertain wrote: »

I would also question the legality of this.

You have to be allowed to take your statutory minimum holiday each year (i.e. 28 days). You cannot opt to be paid extra and forgo some of this holiday. Also, AFAIK you cannot carry it over.

Obviously, if you get more than the statutory minimum holiday then the firm can lay down pretty much whatever terms they like regarding the additional days such as being able to carry them over and to forfeit then under certain circumstances.

Hopefully SarEl will give chapter and verse on this shortly!

Assuming a 5-day/week employee, AFAIK 8 days can be carried over to the next year (but cannot be paid in lieu). As you say, additional holiday can be carried forward too. Carrying holiday forward does require agreement of employer.

Uncertain

LittleVoice wrote: »

Assuming a 5-day/week employee, AFAIK 8 days can be carried over to the next year (but cannot be paid in lieu). As you say, additional holiday can be carried forward too. Carrying holiday forward does require agreement of employer.

OK, if you are allowed to carry forward eight days statutory holiday then I don't think the company can invent rules whereby you lose it.

Jarndyce

LittleVoice wrote: »

Assuming a 5-day/week employee, AFAIK 8 days can be carried over to the next year (but cannot be paid in lieu). As you say, additional holiday can be carried forward too. Carrying holiday forward does require agreement of employer.

That may be the case in many employers but there is no general legal right to carry over leave unless the contract allows for it or the employer agrees. And the employer may choose to allow this only on the basis that it is not subsequently taken as pay in lieu.

In the OP's case though, there is a question over whether the carried over days have already been used up (quite apart from the moral issue that the employer asked him/her to carry it over in the first place!)

LittleVoice

Jarndyce wrote: »

That may be the case in many employers but there is no general legal right to carry over leave unless the contract allows for it or the employer agrees. And the employer may choose to allow this only on the basis that it is not subsequently taken as pay in lieu.

In the OP's case though, there is a question over whether the carried over days have already been used up (quite apart from the moral issue that the employer asked him/her to carry it over in the first place!)

That's why I mentioned the need for employer agreement (and all contractual terms on this would mention agreement).

For the OP, have they not stated that they have already taken the carried forward days? What has to be checked perhaps is whether there was a date (say end February) by which the carried forward holiday had to be taken.

Jarndyce

LittleVoice wrote: »

That's why I mentioned the need for employer agreement (and all contractual terms on this would mention agreement).

For the OP, have they not stated that they have already taken the carried forward days? What has to be checked perhaps is whether there was a date (say end February) by which the carried forward holiday had to be taken.

That's not what you actually said - there is no 8 day limit for example - but never mind.

It doesn't necessarily have to be mentioned in the contract either. Employers can agree a carry over just as a one off with no ongoing contractual right.