Employer not paying holiday pay!

fiascodj

Hi all.

Looking for a bit of help here....

I started my last job in October 2010 and resigned with immediate effect due to personal circucumstances on the 5th November 2011. the holiday year was from 1st January - 31st December, I hadn't taken any holidays during 2011 while i was working there. I was full time working 5/6 days a week an between 40/50 hours a week. So i was entitled to 28 days holiday. I've worked out im owed around 23.3 days holiday pay using (28 days ÷12 months) x 10 months = 23.3 days.

Also the employer loaned me £500, repaying back at £20 per week which came straight out of my wages this started on the 6th may 2011 and was still paying it on the 28th October which works out at 26 weeks x £20 per week = £520... :mad: only just realised today that I've overpaid.

What are my rights here, should they be paying me the holiday pay im owed?

Any help would be grateful

Thanks

Gareth

redcard

They should be paying you for all accrued holiday.

Have you had a P45?

fiascodj

Thank you for the reply

No I have not yet received my p45. I've heard nothing from the employer at all and its been 2 weeks now.

redcard

Have you contacted them?

When is your regular pay date?

fiascodj

Yes i sent a letter on the 7th November.... which a friend told me to put on the letter

" Please let me know what to expect as far as my accrued personal leave time and my final pay. If I do not hear anything from you by the 14th November 2011 then I will take this matter further "

But I have heard nothing to date.

I believe the employer is also with holding another ex employees holiday pay, and as far as I know a lot of ex employees always have the same problem.

The employer is also going around the business telling employees I owe her a £1000 and other things which is not the case.

My pay date was weekly every Friday

LittleVoice

Did you work every bank holiday?

How much notice should you have given to your employer? It would have been at least one week and possibly more.

Do you have payslips which show all those £20 deductions? Was it deducted from your gross or nett pay?

What paperwork do you have in relation to that loan?

Glennn

What does your contact say regarding notice? I am assuming you should of given notice.

Also does the contract say you get 28 days holiday a year?

Was a loan agreement drawn up for the loan? Did you sign anything with the terms?

Did you get weekly payslips that show the loan deduction?

Edit: Seems littevoice got in and asked the same questions just before me :-)

fiascodj

@ Littlevoice & Glennn.

I did work every bank holiday as i was the bar supervisor at a restaurant.

Notice should have been 1 week. In the employee handbook from the company it states... If you leave the company without working, or giving the required notice, and the company incurs any additional expense(s) from covering your duties during your notice period because you have failed to work it, then these costs will be deducted from any wages or monies owed to you.

I do have the loan agreement which we both signed, I do have all the pay slips and it was taken from my gross pay.

I never got a contract I only signed something which was the company house rules and got given a employee handbook, I know all full time employees at the company where entitled to 28 days holiday as it states in the employee handbook.

McKneff

As far as Im aware, the deduction should have been taken from your net pay.

Taking it from your gross pay means that you didnt pay any tax or ni on it. Expect a letter at some time from HMRC demanding it.

fiascodj

I'm not sure if it was taken off gross or net but just been to look at the wage slips an all it says is

Deductions
Tax
N.I.
Loan Repay

McKneff

If it was in the order you have on here then thats fine and you should be okay.
If they took the repay off after tax and NI then they have taken it off your nett pay.

Sorry to have given you a scare...........lol
(in post 8 you said they had taken it from your gross pay)