Entitlement to holiday pay when made to work notice

LadyMissA

sneak wrote: »

Thanks for all advice.

so is there absolutly no chance they can legally pay me £1 per day for any owed genuine holidays i cant take before leaving?

Look at the link I pasted here and what everyone else has said. They have to allow you to take holiday or pay you if you leave.

LadyMissA

OR:

When you leave your job you should be paid any holiday pay owed to you. If you employer refuses, you can ask an employment tribunal to enforce your rights. You must make a claim within three months of the date your employment ended.
If your employer refuses to pay you holiday pay, you can ask an employment tribunal to enforce your rights. You may be able to make a claim for all your unpaid holiday pay, even if it goes back for more than a year. You must make a claim within three months of the last date you were not paid holiday pay.
If you are owed holiday pay, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. For details of your nearest CAB, including those that give advice by e-mail, click on nearest CAB.

Leaving your job

If you have not been able to take all the holiday you have built up before your job ends, you have the right to pay instead of the untaken holiday. Your employer should pay you for all the holiday you have built up. If you have an agreement with your employer, which says how much pay you will get instead of untaken holiday, you may get the amount in this agreement. If your agreement with your employer does not say how much pay you should get, the rules on how much pay you should get for untaken holiday are complicated and you should seek further advice.
If your employer refuses to pay you for untaken holiday

Your employer may refuse to pay you for untaken holiday if you are leaving or have left your job. If you are in this situation you can enforce your right to pay for untaken holiday at an employment tribunal. If you are in this situation you may have to raise a written grievance with your employer first.
For more information about grievances, in England, Wales and Scotland, see Sorting out problems at work and in Northern Ireland, see Dealing with grievances, dismissal and disciplinary action at work.
If you are in this situation, you should seek the help of an experienced adviser, for example, at a Citizens Advice Bureau. You should contact a CAB as soon as possible, as there is a time limit for making claims to employment tribunals. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

http://www.adviceguide.org.uk/england/your_money/employment/holidays_and_holiday_pay.htm#untaken_holiday

sneak

Amazing. thanks for your help. Im feeling the confidence brewing with each post. one thing that worries me is this line, which sounds like it backs up their pound a day comment.

"!Your employer should pay you for all the holiday you have built up. If you have an agreement with your employer, which says how much pay you will get instead of untaken holiday, you may get the amount in this agreement."

- Would the contract i signed, if stating one pound a day holidays agreed upon leaving, be covered by that section on the quoted sentence above?

I hope they give it me as time off without hassle as Im under alot of stress at the minute and feeling depressed, and this going further is going to add even more to it that i just cant handle.

I almost feel i need the time off to get myself up and running again and prepared for my new job. So fingers crossed for tommorow. I really appreciate all the advice. i love this site for the help it provides. extremely quick and very detailed where needed.

any more advice welcomed.

LadyMissA

sneak wrote: »

Amazing. thanks for your help. Im feeling the confidence brewing with each post. one thing that worries me is this line, which sounds like it backs up their pound a day comment.

"!Your employer should pay you for all the holiday you have built up. If you have an agreement with your employer, which says how much pay you will get instead of untaken holiday, you may get the amount in this agreement."

- Would the contract i signed, if stating one pound a day holidays agreed upon leaving, be covered by that section on the quoted sentence above?

I hope they give it me as time off without hassle as Im under alot of stress at the minute and feeling depressed, and this going further is going to add even more to it that i just cant handle.

I almost feel i need the time off to get myself up and running again and prepared for my new job. So fingers crossed for tommorow. I really appreciate all the advice. i love this site for the help it provides. extremely quick and very detailed where needed.

any more advice welcomed.

If that is the case I would ask you why you signed a contract that said all un taken holiday would be paid at £1 a day? Who would really agree to that? You say you weren't allowed to take holiday so they have no allowed you to take your entitlement so Id still challenge them but you need a copy of where YOU signed the contract that they should have on your file where you agreed to the £1 a day.

sneak

they seem to think its in there i dont recall seeing it but i can bet its there. its a sales company they know how to get out of things!

Perhaps I suppose the only person who would sign a contract like that was someone in need of work after a year of unemployment and job seeking and really needing a job. i had been on a tag for a few months and didnt feel i had the best chances of getting a job. This one cropped up and i jumped at it. Thats why i travel four hours also. I was really struggling to find employment. Also, the dole pay is not very supportive nor are the people who work there half the time. I couldnt bear that situation any longer. so when the job came about you can imagine how much my spirits were lifted.

So i guess at the end of the day its my own fault for taking the job in the first place and not looking elsewhere and finding something without any dodgy clauses in the contract.

I really cant see this going to well if this turns out to be the case regarding the holidays. I will definatly end up sacked before I complete my notice. I cant bear the thought of what il loose out on.

I know its a stupid mindset to be in but when youve worked as hard as i have, been committed and even given up all bank holidays thus missing lots of family events, to have it all thrown in your face, is a horrible feeling.

Going to go for a nice long walk with the dog.

dizzyrascal

Don't forget, just because they have put it in your contract (if they have?) does not mean it is enforceable. No contract can over rule the law.
There are employers on here saying they can't get the staff

but on the other hand there are loads of loyal workers being horribly exploited by employers who are taking advantage of the economic downturn. Makes me very angry.
I would still be tempted to hand my notice in and take all my holiday due if I were you.
You don't owe them anything and they have no loyalty to you. Staff shortages are not your problem and you have gone over and above for them by working all the Bank holidays.

sneak

dizzyrascal wrote: »

Don't forget, just because they have put it in your contract (if they have?) does not mean it is enforceable. No contract can over rule the law.

Thank you Dizzy, I did have this in mind that whatever they say in the contracy still has to be within the actuall law. It does seem an absolute scam to pay people like this but they do it all time iv heard. I just guess no one makes a fuss out of it. Not me though. Im not being done over by a company like that. No chance.

sneak

Ok so I havent handed the notice in yet. I got hold of the manager today to speak with hin and he has said tommorow now we wil sit down and chat. Id only done a short shift an he was busy so unable to do it today. He mentioned they try and let me take holidays in notice, just maybe not all of then due to campaign requirements. So he said I may have to work some days.

Now before I left I asked for a copy of my contract from hr. I have had a little read and on the 4th page section 6.8 in Holiday Entitlement section states:

"On the termination of your employment you will be entitled soley to recieve £1 per day as payment in lieu of any unused holiday entitlement."


Does this apply to my situation? Im not clear on their use of the line "on the termination of your employment..."

Is me handing in my notice covered by this clause?

LadyMissA

sneak wrote: »

Ok so I havent handed the notice in yet. I got hold of the manager today to speak with hin and he has said tommorow now we wil sit down and chat. Id only done a short shift an he was busy so unable to do it today. He mentioned they try and let me take holidays in notice, just maybe not all of then due to campaign requirements. So he said I may have to work some days.

Now before I left I asked for a copy of my contract from hr. I have had a little read and on the 4th page section 6.8 in Holiday Entitlement section states:

"On the termination of your employment you will be entitled soley to recieve £1 per day as payment in lieu of any unused holiday entitlement."


Does this apply to my situation? Im not clear on their use of the line "on the termination of your employment..."

Is me handing in my notice covered by this clause?

you are terminating your employment by leaving

Is it the terms and conditons booklet or on an actual contract you signed as in many pages of paper?

sneak

Its a copy of my contract.