Holidays Entitled to but not paid for

[Deleted User]

My other half has left a job where to be frank, his employer has been erm.., dishonest at every opportunity. Working for him has been a total nightmare. Its a small garage.

He has only been given payslips showing net amount paid (no gross amount/deductions not shown) etc. Apparently according to the tax office, this is legal or rather not illegal) and his tax has been paid.

However, he's now left this job (and going to another). He has worked there for 13 months.., according to directgov he should have been due 28 days paid holiday per year. He's taken 15 paid holidays in that time.., and now only been given 3 days holiday in his final pay packet. As he's worked 13.5 months rather than 12, I reckon he's short 10 days.

To me, it stinks a mile.., but what do we do about it in reality?

Jarndyce

You politely write to the employer setting out what you think you are entitled to and why, and saying that unless you receive a satistafctory response, ie payment, within 7 days, you will be pursuing the matter via the small claims court or employment tribunal. Simples.

scheming_gypsy

holidays don't work like that. You can't just claim all the holidays from the 13.5 months he's worked there.

The 3 days holiday is what he's owed from the 2011 - 2012 holiday year. You don't start a new job and get 28 days holiday, you start a new job and earn 28 days holiday throughout the year.
If you start a new job on the first day of their year you have 28 days holiday. If you leave after 6 months you've only accrued 14 days holiday otherwise we could all start a job, take 28 days paid holiday and then quit without ever turning up into the office.

Jarndyce

Ah yes, reading that again, did he have agreement to carry over any untaken holiday from one year to the next?

Whilst the leave year doesn't necessarily start from the appointment date, if it does (check the contract), then the 3 days for this year is probably correct.

heretolearn_2

When does the 'holiday year' start. That's his entitlement pro rata'd to his leaving date, so it could well be the 3 days.

Few companies allow you to carry leave from one year to the next. If he didn't take his full holiday allowance in the last 'holiday year' then it's gone, you don't get paid for it instead (unless that is in his contract, but it would be unusual).

skintandscared_2

The 28 days holiday minimum can also INCLUDE bank holidays. Was he paid for bank holiday days?

skintandscared_2

heretolearn wrote: »

When does the 'holiday year' start. That's his entitlement pro rata'd to his leaving date, so it could well be the 3 days.

Few companies allow you to carry leave from one year to the next. If he didn't take his full holiday allowance in the last 'holiday year' then it's gone, you don't get paid for it instead (unless that is in his contract, but it would be unusual).

It is not unusual to be able to carry over holidays, but there is usually a stipulated amount and prior written permission is needed from HR/Line manager before you can. Everywhere I have worked, the maximum carry-forward is 5 days and those days have to be taken in the first 3 months of the new holiday year or they will be forfeited.

Jarndyce

This is a small garage - I don't ususally approve of makiing generalising assumptions but they are unlikely to have comprehensive HR policies are they?

So unless there was express agreement that the OP could carry over untaken leave, and/or that the leave year started on a date other than the appointment date, he is kippered.

anamenottaken

deannatrois wrote: »

My other half has left a job where to be frank, his employer has been erm.., dishonest at every opportunity. Working for him has been a total nightmare. Its a small garage.

He has only been given payslips showing net amount paid (no gross amount/deductions not shown) etc. Apparently according to the tax office, this is legal or rather not illegal) and his tax has been paid.

However, he's now left this job (and going to another). He has worked there for 13 months.., according to directgov he should have been due 28 days paid holiday per year. He's taken 15 paid holidays in that time.., and now only been given 3 days holiday in his final pay packet. As he's worked 13.5 months rather than 12, I reckon he's short 10 days.

To me, it stinks a mile.., but what do we do about it in reality?

Companies have holiday years - most run from either 1 January or 1 April but a company can choose the exact date. Without anything in writing to indicate a holiday year, the start date of an individual employee is that employee's holiday year start date.

So if not all the entitlement was taken in the first holiday year, that remaining entitlement is lost. That is the law.

So he was due a proportion of the holiday due for the holiday year in which he left. From that would be deducted any of the 15 days which were taken in that year.

skintandscared_2

anamenottaken wrote: »

So if not all the entitlement was taken in the first holiday year, that remaining entitlement is lost. That is the law.

Sorry, but that is absolutely not true. There is NO law that holiday not taken during a particular holiday year is lost!! It is entirely up to a firm to decide if they will authorise carry-forward of a certain amount of holiday to the next holiday year.

Jarndyce

skintandscared wrote: »

Sorry, but that is absolutely not true. There is NO law that holiday not taken during a particular holiday year is lost!! It is entirely up to a firm to decide if they will authorise carry-forward of a certain amount of holiday to the next holiday year.

It is true. If there is no express agreement or contractual term that says that the leave is carried over, then it is lost.

From Directgov:http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_171945

Carrying over holidays

You do not have an automatic right to carry leave over. Of your 5.6 weeks entitlement, you must take the first four weeks of the leave, in the year that it is allocated. You can only carry forward the additional 1.6 weeks' leave if it remains untaken, with your employers permission or if it allowed by your employment contract.
If you have a leave entitlement more generous then the statutory minimum, your employer may allow you to carry over any of this additional entitlement if it remains untaken. However, this should be set out in your contract of employment.