Can they do this?

rosyw

My son in law has just left a job he has been in for 9 years and has been told that he won't be getting his final weeks pay as he has taken more holiday than he was entitled to this year. He has only had 5 days off since April, the rest of the time off was half days when he was told that as work was quiet they didn't want him to come in. He wasn't given any choice about the half days but they have taken them from his holiday entitlement for the year, surely they can't do this, can they?

cazziebo

Yes, any holiday taken over the entitlement can be repaid in final salary.

Whether these half days "off" were actual annual leave or time given at management discretion isn't clear from your post, and probably not clear in the workplace either. Is there any written documentation - e.g. emails - stating clearly this was not to be taken from annual leave?

Might be difficult to prove, especially now that he is out of the business.

rosyw

Thanks, I've just checked regs on this and it seems it's down to his contract, so will get him to check it, but by our calculations he hasn't taken all the leave he was entitled to anyway. Regarding the half days, it seems from the regs that he should have been given notice about these, not just a phone call to say they don't need him this evening. His employers have caused many problems over the year by making up the rules as they go along, and disregarding the law, for example, they don't give part timers paid holidays but add a small percentage to wages - they've been told this is wrong but continue to do it.

KiKi

rosyw wrote: »

My son in law has just left a job he has been in for 9 years and has been told that he won't be getting his final weeks pay as he has taken more holiday than he was entitled to this year. He has only had 5 days off since April, the rest of the time off was half days when he was told that as work was quiet they didn't want him to come in. He wasn't given any choice about the half days but they have taken them from his holiday entitlement for the year, surely they can't do this, can they?

Those half days - I presume they were paid?

As cazziebo says, unless you have other evidence it may be difficult to prove that they weren't holiday time, and you need to see what his contract says about 'laying people off' for half a day.

I fear he probably won't see it again, as anyone who has taken too much holiday for a part-year can indeed 'owe it back' to their employer at the end of employment.

Regarding challenging the employer on not giving notice - it's a bit late to take action on that. However, you could use it as part of your argument to get any holiday outstanding.

KiKi

Sambucus_Nigra

Well, they are doing it so the question is, what can he do about it?

Before he leaves, get him to get info about his leave year, his entitlement, and the actual days that he has applied for and taken. When he leaves, he needs to write to them and ask for the monies owning [which he will know as he will have the number of days that he hasn't taken] and if he doesn't get it, he will have to take it to a tribunal.

MissSarah1972

rosyw wrote: »

My son in law has just left a job he has been in for 9 years and has been told that he won't be getting his final weeks pay as he has taken more holiday than he was entitled to this year. He has only had 5 days off since April, the rest of the time off was half days when he was told that as work was quiet they didn't want him to come in. He wasn't given any choice about the half days but they have taken them from his holiday entitlement for the year, surely they can't do this, can they?

I am sure if the contract he has said he has say 40 hours work a week they have to pay him for when he has been sent home.

I am sure they can't take those from his holiday but depends what his contract says.

rosyw

Thanks for the replies, I've done a bit more checking and it does seem that they are wrong to count the half days when they told him not to work as holiday, even though he was paid. Will be checking his contract later for dates etc., to work out leave, but we're sure he hasn't had more than he was entitled to, he hasn't had the chance to take much leave this year. It's just typical of these people to try it on, and will probably end up having to go the a tribunal. He's really upset by it as he made sure he did the right thing and worked his full notice period, and is now wishing he'd just left and taken up his new job sooner. Have also just found out that the CSA told them to stop taking money from him over a month ago, but they've still deducted it. I feel so sorry for him, he's worked hard for these people for 9 years, I can't even remember him taking a day off sick.

rosyw

Well - can 't check his contract as he has never been given one, and neither has he ever been given a written statement of
employment particulars, which I understand is a legal requirement. These people are unbelievable! Anyway, without either of those in place they will be up against it, ACAS here we come.

MissSarah1972

rosyw wrote: »

Well - can 't check his contract as he has never been given one, and neither has he ever been given a written statement of
employment particulars, which I understand is a legal requirement. These people are unbelievable! Anyway, without either of those in place they will be up against it, ACAS here we come.

He has worked somewhere for 9 years and never had a contract or a written statement? He has asked for one yes over the years? I can't believe you wouldn't ask.

What prof do they have these days are actually holiday?

rosyw

His employers were a law unto themselves, and yes he did ask - repeatedly! they constantly break employment laws and don't seem to give a damn, well they will this time :mad:
I'm very glad he's finally out of there, but he'll have a battle ahead to get his pay, they also seem to have forgotten that he worked a week in hand. They don't keep proper records, and will find it hard to prove what holiday he's taken, I'm so angry about it, we KNEW they would try something like this !

MissSarah1972

rosyw wrote: »

His employers were a law unto themselves, and yes he did ask - repeatedly! they constantly break employment laws and don't seem to give a damn, well they will this time :mad:
I'm very glad he's finally out of there, but he'll have a battle ahead to get his pay, they also seem to have forgotten that he worked a week in hand. They don't keep proper records, and will find it hard to prove what holiday he's taken, I'm so angry about it, we KNEW they would try something like this !

no records - hard to prove - take them to tribunal and they would have to prove something.

Re the week in hand ask for pay dates and what week they were for and then prove to them ther is a week to come.

good luck