Just wondered if anyone could help

bonsta

Hi,

Just after some advice.

My husband quit his job a while back (phoned up and resigned without notice). He had worked for the company for just under 6 months - the company was a joke, he was moved around at very short notice and he never actually got a contract. (The boss did send him one about 2 months before he left, it was full of mistakes so he asked the boss to correct these but nothing ever came of it)

Where does my husband stand on the holiday pay that he is owed? The boss is refusing to pay what he is owed as he didnt give notice but i didnt think he could do that?

Any advice would be helpful!

pimento

I think any holiday owed would come out of the notice period he should have worked.

mountainofdebt

Personally I think this is one of those 6 of one and half a dozen of the other situations.

Your husband shouldn't have just quit , not giving proper notice, and the boss shouldn't have withheld holiday pay.

I would drop if I was him as the boss may decide to sue for the costs incurred in your husband not giving sufficient notice.

sujman

You are entitled to any holiday pay accrued up until the last day you worked.

an9i77

mountainofdebt wrote: »

Personally I think this is one of those 6 of one and half a dozen of the other situations.

Your husband shouldn't have just quit , not giving proper notice, and the boss shouldn't have withheld holiday pay.

I would drop if I was him as the boss may decide to sue for the costs incurred in your husband not giving sufficient notice.

sometimes two wrongs do make a right!!!

sujman

mountainofdebt wrote: »

I would drop if I was him as the boss may decide to sue for the costs incurred in your husband not giving sufficient notice.

I believe you have to show the actual loss incurred (including reasonabe attempts to mitigate this loss) in order to sue an ex employee for leaving without giving due notice.

Tends to be unlikely except in a few circumastances.

marleyboy

As far as I am aware, once you quit you lose your holiday entitlement, had he used them to cover his notice period he might have been covered, but if he just left without any notice, he has lost any entitlements.

SarEl

As stated in Post#2 - the employer is entitled to mitigate their loss by deducting accrued holiday from notice due. Yes, your OH was due hoidays - your OH's employer was due notice. "Being a joke" is no cause for breach of contract and you haven't a legal leg to stand on. I'd quit whilst you are ahead - try suing for the unpaid holiday and the employer will counter sue for notice (wiping out your claim) and possibly more.

Hammyman

sujman wrote: »

I believe you have to show the actual loss incurred (including reasonabe attempts to mitigate this loss) in order to sue an ex employee for leaving without giving due notice.

Tends to be unlikely except in a few circumastances.

It is very likely if the employer goes ahead with suing. The costs can include temporary agency staff at whatever rate the agency charges the former employer.

sujman

Hammyman wrote: »

It is very likely if the employer goes ahead with suing. The costs can include temporary agency staff at whatever rate the agency charges the former employer.

The OP says OH had quit their job some time back. If there was substantialy loss, the employer would have sued by now.

Obviously doesn't stop them doing so now - but not having done so demonstrates that no substantial losses were incurred.

With holding holiday pay may constitue "unlawful deduction of wages".

Just my opinion, I'm no legal eagle or anything.

Jarndyce

sujman wrote: »

The OP says OH had quit their job some time back. If there was substantialy loss, the employer would have sued by now.

Obviously doesn't stop them doing so now - but not having done so demonstrates that no substantial losses were incurred.

With holding holiday pay may constitue "unlawful deduction of wages".

Just my opinion, I'm no legal eagle or anything.

Clearly you're not.

There's nothing to stop them sueing for breach of contract now if they themselves are sued for holiday pay or taken to an ET for an unlawful deductions claim. Their claim is likely to be of much higher value than the OP's, who walked away from his job in clear breach of his contract. OP needs to drop this or risk being considerably out of pocket.