Do I have legitimate cause for complaint?

JustinFryer

Hi Everyone,


Apologies if this post doesn't belong here and let me know if I need to move it to another thread?


I recently resigned from a company and duly received my final pay-check/slip from them. After inspection, I found that my holiday pay to be less than I expected. I queried the point and was alarmed when they informed me that some of that holiday pay had been rendered unpaid!


Essentially, I was entitled to 28 holidays per year. Given I didn't work the full year, I hadn't accrued enough entitlement to be paid for all of the leave I'd booked (and subsequently took) before I left the company. I understand and agree with this rationale.


What I don't understand is why they didn't inform me that the leave I'd booked (and took) would be on an unpaid basis. Simply put, I would've surrendered that leave in order to forgo loss of income. We're talking a significant amount here - approx. £800 before tax.


I submitted my formal resignation on the 17th October 2013 and left their ranks at the end of November 2013. They had enough time to inform me of the unpaid nature of the remaining leave I'd booked. Do they have a legal obligation - is what I need to know?


The company in question have stated:


"You did indeed send your letter of resignation 17/10/2013 which we received and I sent you an official acknowledgement on 18/10/2013.

xxx has no obligation to tell pilots whether they have enough hours accrued to cover their leave period or not. Pilots are always encouraged to manage their own admin and we are always on hand to discuss leave and assist in the management of this as we have done many times this year for you.

We would only intervene in confirmed leave if a pilot exceeds their 28 day entitlement, and as your leave in November was within your 28 days this did not raise an flag on our system, you had only taken 17 days of your leave entitlement at this point."


Please advise. I'm prepared to take the matter further (small claims court for instance, if appropriate) as I believe they've been negligent.


Thanks,
Justin

bap98189

No they don't. The responsibility for keeping track of how much holiday you had taken was yours.

After you leave the company will work out whether you had taken too little or too much and adjust your final pay accordingly. They appear to have done this so you have no complaint.

Annisele

Unless there's something in your contract that says they had to tell you, then they didn't. There's no general right in law to be told that sort of thing.

JustinFryer

!!!!!!.


Thanks bap98189 and Annisele.

sarahlouisexo

Double check in your contract and see whether its explicitly stated that you must earn the leave to take and it and be paid for it.

Some companies just GIVE you the leave, i.e. you don't have to acrue it.

Beyond that unless it explicitly states that its their responsibility to manage your admin and updated you at X Y Z times, then they can pass it off as your responsibility, and not much can be done.