Am I entitled to holiday pay...

Legacy_user

Hi,

Last week I got let go by my employee as a trial did not work out.

They said I did not need to work the 5 day notice period.

They will be paying me for those 5 days though.

My question is:

I did not take any holiday in the 2 months I worked there. Should I get paid the holiday I did not take or are my ex employers entitled to claim that they have given me my notice period off which covers more than the 3 to 4 days I should have had in holiday during those months and claim that the holiday I did not take is part of the notice period?

Just to let you know, they have not claimed this, I just wondered if they could.

1. I did not choose to not work the notice period, they let me have it off. I would have worked it if they wanted me to.

2. Can they decide when you take your holiday and take it out of your notice period if they wanted to?

WestonDave

The 5 days you will be off work and paid will pretty much equate to the 4.5 days you would be entitled to as statutory holiday. They are entitled to direct when you take holiday, and so I would think they probably have the bases covered.

getmore4less

unless contractual they have to give you notice for the holiday so they could not make you take it all during garden leave. if PILON they need to pay all outstanding holiday.

8weeks would be roughly 4.8 days 9 weeks 5.4 the most they could give you notice for would 4 days

System

They never said to me that my notice period would include the holiday I hadn't taken. Should they have stated this to me at the time?.......I was asked to leave on the same day they said it wasn't working out, so even if they said the holiday I had not taken was included in the notice period I would have had no notice of this whatsoever.

Just say they gave me my notice....and actually wanted me to work the notice period....could they have taken the 3-4 days out of that as holiday at that short notice so they didn't have to pay me the extra holiday pay on top. Just asking me to work 1-2 days notice and to take the rest as holiday.

agrinnall

WestonDave wrote: »

The 5 days you will be off work and paid will pretty much equate to the 4.5 days you would be entitled to as statutory holiday. They are entitled to direct when you take holiday, and so I would think they probably have the bases covered.

Except they have to give notice at least as long as the length of the holiday, so even if this is what they intended they can't now claim it was holiday.

System

Just found this on NIbusinessinfo.co.uk. It is a Northern Ireland source, but assume the rules are the same for England seeing as NI is in the UK?:

"You can also insist by giving appropriate notice or because it is clearly expressed in the contract of employment, that a worker takes any holiday owed to them as part of their notice period."

ok, so......

1. I have been given no notice or been informed whatsoever that my holiday would be included in my notice period. So my employers failed in that respect.

2. I will now need to see if anything is written in the contact.....hopefully not, will soon find out....be back in a bit...

getmore4less

Unless it says in the contract I would just remind them they need to pay the accrued unpaid holiday pay.

If they say you don't acrue holiday on trial point out you do from the first day.

System

ok....this is all I found in my contract:

"On leaving, the company will deduct from any money due to you such sums as you may owe to the company. These may include, but are not restricted to loans, relocation assistance, court orders and payment for holidays taken in excess of entitlement."

I am a bit thick but as far as I am aware this has nothing to do with not being paid the holiday I have accrued.

This is simply stating that if I have taken too much holiday then I will owe them the excess amount in money terms.

That is all that I found that mentioned holiday pay.