Ex-employer and Tribunal.

doodoot

I posted a while back about mine and my husband's employer refusing to pay up my holiday pay and my hubby's final week in hand and holiday pay...an interesting twist has now developed. :cool:

We sent the required 2 letters requesting our pay, as advised by the CAB - luckily my sis-in-law is an area manager for the CAB darn sarf.

We told him in the last letter that if he doesn't pay up then we would apply to an ET - he hasn't paid but sent an interesting letter to us yesterday which included my P45 but not my hubby's.

(Just to backtrack, our last wage slips showed I was owed 7.5 days holiday, my hubby had 13).

In the envelope was a print-out of holidays that our ex-employer reckons we have taken - he put that we've had all of the 8 bank holidays off as holidays - and so we have had all of our entitlement, hence why he won't pay up.

However, we had 2 days off per week which included Mondays.

So am I right in thinking that if a Bank Holiday falls on a day off then we still have that 1 day holiday in our holiday entitlement?

On our wage slips it shows that we didn't get holiday pay for any of the Bank Holidays, just for the usual 5 days that we worked!

Is also interesting that the document itself has a time stamp of when it was created - not printed or opened - and it's dated 3 days ago!!:rotfl:

We applied to the ET yesterday, and I'm thinking this is going to be a long drawn out affair.....:eek:

Jarndyce

What does your contract say? Does it say that your annual leave allocation includes the bank holidays, or are bank holidays taken in addition to your annual leave allowance?

doodoot

There's the problem...he never gave me a written statement of work or a contract despite several requests.

My hubby's pathetic excuse of a cobbled together contract - which we think he did whilst drunk - only states when the holiday year runs to and from.

In addition to the lack of wages, I'm complaining to the ET for the lack of written statement.

(Before anyone says anything about my hubby signing a cobbled-up contract, this job was only a stop-gap one and both of us had no intention of staying for longer than a year. In fact, due to this guy's inept business practice - such as still being drunk at lunch time from the night before EVERY day - we always thought the business wouldn't have lasted out the year!)

Jarndyce

In that case the statutory minimum would apply and that would be 5.6 weeks including bank holidays.

However if you weren't due to be working on the bank holidays anyway, they can't include those days in your allowance.

Hopefully there'll be a practising HR person along soon to tell you how they work this out - rather than me trying to work it out from scratch using the law and a calendar!

doodoot

However if you weren't due to be working on the bank holidays anyway, they can't include those days in your allowance.

Do you mean that he can't say we had the day off as a bank holiday?

I just keep laughing at this whole farce and his stupidity in thinking he can stiff us for close to £1300.

After all, he knows that my hubby has a sis who's a solicitor, and the other is a CAB manager! :rotfl:

I've also been wondering about why he hasn't sent my hubby's P45...could it be because the gross amount on that and hubby's final wage won't match up, and show that he's kept my hubby's last week's wage?

Jarndyce

doodoot wrote: »

After all, he knows that my hubby has a sis who's a solicitor, and the other is a CAB manager! :rotfl:

Yes I bet that he is quaking in his boots at the thought.:)

doodoot

Or crying into his pints. :rotfl:

DVardysShadow

doodoot wrote: »

Do you mean that he can't say we had the day off as a bank holiday?

It has to be a day he has paid you for - and which you did not work - if he is to claim it as a day's leave.

doodoot

Thanks Shadow

My hubby got a letter from the ET this morning - his hearing will be in January.

Would love to be a fly on the wall when our ex-employer opens a 2nd letter about my claim. :rotfl::j