unpaid accrued Holiday

purpleozzie

Hi,

At the end of November my company went through a financial restructuring and made my position redundant. I had only worked there for 6 months so they legally only had to pay me 1 weeks notice, which they did. they also paid me a months extra as an ex-gratia payment.

They paid me the ex-gratia payment at the beginning of January.

I then sent them an email with my final expenses claim and also a claim for my accrued holiday to be paid which was 4 days equalling about £450.

They only paid me my expenses, so I emailed back and was told that the accrued holiday was within the ex-gratia amount and was told to take it up with the sales director. I did this and he has now replied to say they have been in contact with their lawyers and they have replied with "by virtue of the magnitude of the settlement offered and willingly accepted by you, you have suffered no loss as it considerably exceeded your statutory entitlement."

I am desperate for the money as getting rid of me before christmas put massive financial strain on me and my family..

I don't quite know what to do as they did noffer me a good settlement as they didn't have to do this but they still owe me money that I need..

I don't quite know what to do next..

Thanks,

Ben

AP007

Did they mention that the ex-gratia payment was to cover the holiday?

You have to be paid your holiday pay when you leave.

Valli

Other posters with more experience will be along shortly, but my understanding is that you can be made redundant, with less than two years service, without receiving any payout at all. My understanding is that all you were entitled to is one weeks notice, which is what you got?
How much was the ex gratia payment?

AP007

The ex gratia payment is not holiday pay though, is it?

Was anything in writing to say this covered the holiday pay?

purpleozzie

the letter I received and signed states

"As you are within your probationary period the statutory basis for the termination of your employment is one weeks notice plus accrued but untaken holiday. However, I am able to confirm that at the termination date the company is prepared to make an ex-gratia termination payment as compensation for your loss of employment. This will be inclusive of your statutory one week's notice and will be made free of tax. Notwithstanding this I confirm that in the event of HMRC determining that tax is payavle on the termination payment that liability will rest with you and you will fully indemnify the company in all respects in this matter."

AP007

purpleozzie wrote: »

the letter I received and signed states

"As you are within your probationary period the statutory basis for the termination of your employment is one weeks notice plus accrued but untaken holiday. However, I am able to confirm that at the termination date the company is prepared to make an ex-gratia termination payment as compensation for your loss of employment. This will be inclusive of your statutory one week's notice and will be made free of tax. Notwithstanding this I confirm that in the event of HMRC determining that tax is payavle on the termination payment that liability will rest with you and you will fully indemnify the company in all respects in this matter."

The payment was at gross with no ni and tax taken off?????

Just go back to them and say you want to see where it says this payment is to over ride the holiday which you are entitled to.

purpleozzie

The other issue is that I read somewhere I have 3 months to make a claim is this true as this takes me till the end of Feb

purpleozzie

and yes they paid me til the end of Nov and then an extra month gross pay no NI or tax

AP007

purpleozzie wrote: »

and yes they paid me til the end of Nov and then an extra month gross pay no NI or tax

They still owe you the holiday pay

AP007

purpleozzie wrote: »

The other issue is that I read somewhere I have 3 months to make a claim is this true as this takes me till the end of Feb

Yes so why haven't you?

purpleozzie

I've never been in this situation before and don't really know wha tthe next step is.. I assumed that they would pay the holiday pay owed to me