Leaving job and being paid for untaken time owed in lieu?

somnerd13

I resigned from my previous job last month, I handed in two weeks notice in the middle of April, with my final working day planned as 27th April. When I handed my notice in I was aware that I was owed 16 hours of lieu time (in lieu of bank holidays worked) and asked if I'd be able to take this as time off at the end of my notice period, thus allowing me to finish two days earlier. I was told that this wouldn't be possible because I was already rota'd in and it would cause staffing problems. This was fair enough in my opinion, so I asked if it'd be paid to me instead on my final pay day (today) and was told yes.

Well guess what? Today I've received my payslip, and I haven't been paid for it.

I'm entirely at a loss about this, I can't find anything else relevant on the internet, nothing on directgov. Forgetting about the fact that I was told I would be paid for this (my word against managers), should I actually have been paid this? It's not the money that I am concerned about, more the principle of it.

Thanks.

skintandscared_2

It could just be a simple oversight. Have you actually spoken to anyone in HR/payroll about it?

sammyroser

As far as I am aware companies do not have to pay you for any time owed in lieu you have not taken before leaving the company as it is not a legal requirement for companies to give lieu time for working extra hours/working a bank holiday.

I am not 100% sure of this it's just something I have picked up through my past experiences.

But yes I agree with the previous poster, before jumping to the worst conclusion speak to your manager/HR to see if it was an oversight as some payroll systems can be complicated.

boo_star

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1074415038&type=RESOURCES

This may help or not, lieu vs holiday pay..

Hm.

somnerd13

skintandscared wrote: »

It could just be a simple oversight. Have you actually spoken to anyone in HR/payroll about it?

I only collected my payslip this evening and no management were in to speak to. HR/Payroll refer all staff back to their store management. The store manager isn't back now until Monday and the two deputy's are a waste of time when it comes to HR/payroll issues.

Don't get me wrong I'm not going to go in like a wild banshee, I just want to get my facts straight before I speak to the manager about it that's all. He's been dishonest with me about HR/payroll issues in the past so understandably I won't be accepting his word for it.

I did actually book two days off in March and asked for both to be taken from my TOIL balance and was told both would be, only to find they were both taken from my annual leave balance. It's not like I haven't tried to use this lieu time, I just haven't been allowed.

princessdon

I think it depends a lot on your contract. My contract doesn't mention TOIL at all and I am at risk so asked outright as I am owed a lot and got in writing they would honour all TOIL from that date and previous but that no more could be accured.

somnerd13

princessdon wrote: »

I think it depends a lot on your contract. My contract doesn't mention TOIL at all and I am at risk so asked outright as I am owed a lot and got in writing they would honour all TOIL from that date and previous but that no more could be accured.

Thanks. The thing is, it's technically time that I have worked but have not been paid for, so surely I'm entitled to it legally? I just can't find any information on the internet to back this up.

getmore4less

sammyroser wrote: »

As far as I am aware companies do not have to pay you for any time owed in lieu you have not taken before leaving the company as it is not a legal requirement for companies to give lieu time for working extra hours/working a bank holiday.

I am not 100% sure of this it's just something I have picked up through my past experiences.

But yes I agree with the previous poster, before jumping to the worst conclusion speak to your manager/HR to see if it was an oversight as some payroll systems can be complicated.

if the BH make up part of the stautory holidays they need to gilve TOIL or pay them on leaving.

getmore4less

I think you need to look at this from the holiday entilement.

work out your accrued holidays and they need to pay for those that were not taken.

what was the standard holiday allowance.
what is the holiday year
how many days have you taken
how many days have they paid you for in the final pay.

somnerd13

getmore4less wrote: »

I think you need to look at this from the holiday entilement.

work out your accrued holidays and they need to pay for those that were not taken.

what was the standard holiday allowance.
what is the holiday year
how many days have you taken
how many days have they paid you for in the final pay.

I've been paid correctly for my accrued but untaken annual leave. That's not the issue though, it's the 16 hours TOIL that I am owed.

getmore4less

That why you need to do the holiday thing properly.

You did not take the BH so that will be part of the accrued holiday that needs paying.