Unlawful deductions/Holiday/Intern Replacement

jcrisp88

I have 3 query's about my recent redundancy.

Unlawful deductions
I received my salary in lieu of notice today and found that deductions had been made, when i contacted the company to find out why, i was told it was to recoup earlier overpayment in wages, due to sick days, this was the first i had been told that this was going to happen and was wondering if they had to tell me in writing first.

Holiday
If made redundant in the first month of the company's holiday year, and if stated on the contract "not entitled to payment for unused holiday" and "holiday shall accrue on a pro rata basis for each complete month of service during the relevant year" is it possible to claim back holiday?

Intern Replacement
And lastly if my contact was meant to last for another 6 months, and was terminated due to future workload,(no new projects) can the company take on a intern in the period to fill my role?

The reason for asking this is, 2-3 months ago a colleague at the company was made redundant, and a week later replaced with a voluntary intern that is now doing the same work load as the previous employee.

Any advice or help would be much appreciated.

Thanks.

getmore4less

Holidays

They accrue from day 1 of the holiday year and must be paid on termination if unused, contract cannot override this.

Holiday pay does not accrue during the time that PILON is given,

Bantex_2

jcrisp88 wrote: »

I have 3 query's about my recent redundancy.

Unlawful deductions
I received my salary in lieu of notice today and found that deductions had been made, when i contacted the company to find out why, i was told it was to recoup earlier overpayment in wages, due to sick days, this was the first i had been told that this was going to happen and was wondering if they had to tell me in writing first.

Holiday
If made redundant in the first month of the company's holiday year, and if stated on the contract "not entitled to payment for unused holiday" and "holiday shall accrue on a pro rata basis for each complete month of service during the relevant year" is it possible to claim back holiday?

Intern Replacement
And lastly if my contact was meant to last for another 6 months, and was terminated due to future workload,(no new projects) can the company take on a intern in the period to fill my role?

The reason for asking this is, 2-3 months ago a colleague at the company was made redundant, and a week later replaced with a voluntary intern that is now doing the same work load as the previous employee.

Any advice or help would be much appreciated.

Thanks.

Were you on a fixed term contract?

jcrisp88

@getmore4less so would I accrue the full 28 days for the year on the 1st of Jan? as i was given my notice on the 2nd Jan.

@Bantex yes it was fixed 1 year contract from the 30th July 2013.

getmore4less

jcrisp88 wrote: »

@getmore4less so would I accrue the full 28 days for the year on the 1st of Jan? as i was given my notice on the 2nd Jan.
.

No just pro-rata for the period worked, it does not require full months.

ableandy

jcrisp88 wrote: »

I have 3 query's about my recent redundancy.

Unlawful deductions
I received my salary in lieu of notice today and found that deductions had been made, when i contacted the company to find out why, i was told it was to recoup earlier overpayment in wages, due to sick days, this was the first i had been told that this was going to happen and was wondering if they had to tell me in writing first.

If you owed them the money then they are entitled to recover it, this is normally in your contract of employment.

jcrisp88 wrote: »

Holiday
If made redundant in the first month of the company's holiday year, and if stated on the contract "not entitled to payment for unused holiday" and "holiday shall accrue on a pro rata basis for each complete month of service during the relevant year" is it possible to claim back holiday?

You would have none to reclaim as you were only 1 day into the new year.

jcrisp88 wrote: »

Intern Replacement
And lastly if my contact was meant to last for another 6 months, and was terminated due to future workload,(no new projects) can the company take on a intern in the period to fill my role?

The reason for asking this is, 2-3 months ago a colleague at the company was made redundant, and a week later replaced with a voluntary intern that is now doing the same work load as the previous employee.

Are you saying they have replaced you with an Intern? If they have then this is not strictly a Redundancy situation and you would be advised to contact ACAS.