Holiday entitlement when made redundant ?

mess0804

Hi,

My husband was made redundant two weeks ago (he worked on a construction site in London that closed for 2 months due to the Olympics). He only gets the holidays accrued , so by the half of the year he can take only 10 days and so on. He only took 4 days this year and on his last payslip he had holidays accrued 6 days.
When he finished work they told him that they are going to pay on the last payweek, but nothing, he called the company and they told him they are sending the payment next week. Today we got by post the P45 so I guess there is no chance in them paying the 6 days owed.
What can he do ?

johnmc

They have to pay the accrued holiday. Speak to them to ask for an "after leaving" payment. They will probably deduct tax and national insurance at the full amount.

McKneff

Have you checked the bank and made sure that it is not in there and they have just forgotten to put the payslip in with the P45.

CKhalvashi

We have to pay it, but it would be a week and a bit off on full pay (whilst still on contract), or it could be paid separately.

I go for the second of those.

CK

johnmc

Holiday pay is calculated on a daily accrual based on the contracted number of days (up to 5 per week).

This must be at least 5.6 weeks per annum, based on average hours. This may include Bank Holidays. eg, 4 weeks random + 8 days for BH for a full time worker.

Take a look here for the Government calculator.
http://www.businesslink.gov.uk/bdotg/action/layer?r.i=1073792640&r.l1=1073858787&r.l2=1084822773&r.l3=1074039090&r.t=RESOURCES&topicId=1079427399

mess0804

Me again ... 5 weeks since he finished works and called the office and chased every week, they keeps saying yes, we'll pay, next week ....
Is there anything we can do ? I think is illegal not to pay you the money that you are entitle to, but what can we actually do ? Is there any official way to request the payment ?

(and yes I have checked the payslip and the bank account, I would have noticed £350 plus or minus, we are not that well off)

The_Pedant

Send a recorded delivery letter to them, detailing what you have received and the shortfall in what you are entitled to. Give them a timescale to receive payment.

If they haven't received payment within that timescale, consider filing an employment tribunal claim (this must be done within 3 months of leaving):
http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Employmenttribunals/DG_10028122

If they should after filing the claim, then the claim can be withdrwan at any time by yourself.

anamenottaken

mess0804 wrote: »

Hi,

My husband was made redundant two weeks ago (he worked on a construction site in London that closed for 2 months due to the Olympics). He only gets the holidays accrued , so by the half of the year he can take only 10 days and so on. He only took 4 days this year and on his last payslip he had holidays accrued 6 days.
When he finished work they told him that they are going to pay on the last payweek, but nothing, he called the company and they told him they are sending the payment next week. Today we got by post the P45 so I guess there is no chance in them paying the 6 days owed.
What can he do ?

I assume that he worked at least 5 days a week. That being so, he would be entitled to 28 days for a year, 14 days for a half year.

If the holiday year is one which runs from January to December and he left at the end of July then he would have "earned" a minimum of 28/12 * 7 paid days holiday up to the date of leaving. That is 16.34 days. If he didn't work on bank holidays and was paid for them, then they need to be deducted from the total.

If the holiday year runs from April to March, then 9.34 days were earned. It is fair to round up to 10.

When the Paralympics are over, will the site be re-opening? Will he be expected to return?

mess0804

Thank you all. We'll send a letter to the company and make a claim as already 6 weeks have passed. probably that's why they keep postponing as if 3 months pass there is nothing we can so.

We didn't want to go legal as not to make bad relationships with the company, but after so many phone calls when they keep saying we'll pay next week, I feel like they're just mocking us.

The site will be reopening but only if he calls the company and applies again for a job he will be sent there. (And the count of holidays on the payslip will start from 0 like a new employee)

anamenottaken

mess0804 wrote: »

Thank you all. We'll send a letter to the company and make a claim as already 6 weeks have passed. probably that's why they keep postponing as if 3 months pass there is nothing we can so. Yes - and any claim has to be received by an ET at least one day short of the 3 months.

We didn't want to go legal as not to make bad relationships with the company, but after so many phone calls when they keep saying we'll pay next week, I feel like they're just mocking us.

The site will be reopening but only if he calls the company and applies again for a job he will be sent there. (And the count of holidays on the payslip will start from 0 like a new employee) He would be a new employee as far as service is concerned. That is why they should pay for the holiday not taken in the previous period.

..............

Uncertain

mess0804 wrote: »

Thank you all. We'll send a letter to the company and make a claim as already 6 weeks have passed. probably that's why they keep postponing as if 3 months pass there is nothing we can so.

Yes, do this as it is easier to get the money using the employment tribunal route.

If for some reason you miss the 3 month deadline (but don't!) you can also make a claim for outstanding wages, holiday pay etc via the small claims court. Here the time limit is six years (five in Scotland). You would have to pay a fee up front but this would be added to the award assuming you win. With an employment tribunal there is no fee to pay.