Employer not paying holiday pay!

fiascodj

Thanks Mckneff, yeah that was a bit of a scare thats why I rushed to find my wage slips but yes it was in the order I wrote.

Going to send another letter to the employer tomorrow, could anyone give me a bit of advice on what to put?

LadyMissA

If you resign with immediate effect do you not lose your holiday?

KiKi

LadyMissA wrote: »

If you resign with immediate effect do you not lose your holiday?

No. They have to pay what you're legally entitled to, although they might make it damn difficult. If you don't give notice, though, they can sue for costs incurred (eg, temp staff to cover, contracts lost). In practice it rarely happens, and it's possible that the OP negotiated to resign with immediate effect anyway.

KiKi

LittleVoice

KiKi wrote: »

No. They have to pay what you're legally entitled to, although they might make it damn difficult. If you don't give notice, though, they can sue for costs incurred (eg, temp staff to cover, contracts lost). In practice it rarely happens, and it's possible that the OP negotiated to resign with immediate effect anyway.

KiKi

That seems to be what the OP's employer may want to do.

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.

However, it would indeed be "additional" not the full cost of a temporary worker because they would need to deduct the amount they would have had to pay the OP if they had worked the notice instead.

teabelly

You have to take holiday that is within the statutory legal minimum. You can't be paid for this. If you took no minimum legal holiday but accrued extra contractual holiday then it should be written in the contract as to what happens and whether you are supposed to take that before you leave or whether it is paid. I suspect the legal minimum portion won't be paid as it should have been taken and it cannot be carried over.

If you have lots of holiday remaining and intend resigning then it is best to find out what will happen before doing so to make sure you get paid or have paid time off.

LittleVoice

teabelly wrote: »

You have to take holiday that is within the statutory legal minimum. You can't be paid for this. If you took no minimum legal holiday but accrued extra contractual holiday then it should be written in the contract as to what happens and whether you are supposed to take that before you leave or whether it is paid. I suspect the legal minimum portion won't be paid as it should have been taken and it cannot be carried over.

If you have lots of holiday remaining and intend resigning then it is best to find out what will happen before doing so to make sure you get paid or have paid time off.

You are right to say that the statutory holiday entitlement has to be taken and cannot be paid - but only in the case where someone is employed for the whole of the holiday year. If they leave part way through a holiday year and have not taken all the holiday accrued up to the date of leaving in that holiday year, then the employer is required to pay for the untaken holiday.

paddedjohn

teabelly wrote: »

You have to take holiday that is within the statutory legal minimum. You can't be paid for this. If you took no minimum legal holiday but accrued extra contractual holiday then it should be written in the contract as to what happens and whether you are supposed to take that before you leave or whether it is paid. I suspect the legal minimum portion won't be paid as it should have been taken and it cannot be carried over.

If you have lots of holiday remaining and intend resigning then it is best to find out what will happen before doing so to make sure you get paid or have paid time off.

It hasnt been taken because there is still 2 months of the holiday leave year left, they cant not pay it if he has accrued it.

KiKi

teabelly wrote: »

You have to take holiday that is within the statutory legal minimum. You can't be paid for this.

Unless I've misunderstood your post...

You don't have to take statutory or contractual holiday before you leave an organisation. You can be paid for it instead in your final pay packet. Indeed, lots of employers would rather employees didn't take leave, and worked their full notice rather than part-notice!

As it is, the OP has already resigned, so is indeed owed money for leave untaken.

KiKi

fiascodj

Thanks all for the reply's

I've decided I am going to take this matter further.

I worked my backside off for the company all year and didn't take holidays because there was no other member of staff to cover for me. So why shouldn't I get what's owed to me.