Carrying Over Holiday Days

henrygregory

Hello, I was made redundant 4 weeks ago and today is my last ever day working for the company before it files for solvent liquidation.

As we have got nearer to this last day, I have had frustrating conversations with the directors over my holiday pay which has changed from them owing me time to the point where I now apparently owe them time and as a result, they are not willing to pay me holiday pay.

My question is, the company in their correspondence to me are claiming that my holiday for 12-13 was 4.5 days over the allowance and as such, they are now carrying this forward to the current year. There is no mention about this in my contract other than unused holiday pay (limited to 5 days) can be carried to the next year.

What are my rights regarding this?

Starlet

I would call ACAS if I were you
Their number is 0300 123 1100

zaax

It at least 30 days a year for fully time staff & pro rata for part time. If you haven't taken the time off then they own you the money.
At can be claimed back via the courts / tribuneral.

System

zaax wrote: »

It at least 30 days a year for fully time staff

It's actually 5.6 weeks which, based on a 5 day week, equates to 28 days which can include the public holidays,

That is the statutory minimum. There is no onus on an employer to give extra. and a lot don't.

henrygregory

Hello, thanks for your posts, I will get in touch with Acas when I get a moment.

In the mean time, can someone please clarify for me if an employer is able to carry forward minus holidays (where you have worked too many days) from three years ago when they have never mentioned this before and have paid the employee (which in my mind confirms they are happy with the hours and days you have worked).

Thanks

p00hsticks

henrygregory wrote: »

My question is, the company in their correspondence to me are claiming that my holiday for 12-13 was 4.5 days over the allowance and as such, they are now carrying this forward to the current year.

So, to clarify, the company say that in holiday year 12-13 you took 4.5 days more that your holiday allowance entitled you to. Q. Do you agree with this ?

As a result, the company has take 4.5 days off your current annual allowance to compensate - is this correct ?

Whether they are allowed to do that, will I think depend both on your employment contract and whether it takes you below the legal limit of 5.6 weeks holday a year.

But if they can't that still leaves the question of how to handle the fact that (according to their claims) you appear to have had a number of days paid leave that you weren't entitled to in the past, and how the company is recompensed for that

p00hsticks

henrygregory wrote: »

In the mean time, can someone please clarify for me if an employer is able to carry forward minus holidays (where you have worked too many days) from three years ago when they have never mentioned this before and have paid the employee (which in my mind confirms they are happy with the hours and days you have worked).

I posted just as you did, and am now confused, as this post seems to contradict your initial one.

Can you clarify - by 'minus holidays' do you mean that you had MORE holidays that you were allowed in the year , or that you didn't use your full years holiday allowance by the end of the year.

And how many hours a week do you work, what is your annual holiday allowance, and when does the comany holiday year start and end ?

henrygregory

p00hsticks wrote: »

I posted just as you did, and am now confused, as this post seems to contradict your initial one.

Can you clarify - by 'minus holidays' do you mean that you had MORE holidays that you were allowed in the year , or that you didn't use your full years holiday allowance by the end of the year.

And how many hours a week do you work, what is your annual holiday allowance, and when does the comany holiday year start and end ?

I originally worked for the company full time, but reduced my hours to two days per week (7 hours per day).
The company never updated my contract of employment, so all I have is my old one which says I have the ability to carry 5 unclaimed holiday days over.

By minus holidays I meant they claim that I have taken too many days off and they are carrying them forward.

I would have expected, if this was the case, they would have told me ont he new year, we are carrying forward this many days as you took too much holiday, not three years later!

Whether I agree or not, is something I cant answer, as I am going ot need to try and check my records and work out if I was at work or not. THis will take quite some time based on the period of time involved.

p00hsticks

henrygregory wrote: »

I would have expected, if this was the case, they would have told me on the new year, we are carrying forward this many days as you took too much holiday, not three years later!

I'm still a bit confused - in your original post you say that the holiday year in question is (20)12-13 (which, depending when the company holiday year runs from is potentially just the previous holiday year to the one you are in now) , and yet in several subsequent posts you've talked about it being three years ago, which would take us back to 2011.

When does the company holiday year start and finish ?

henrygregory wrote: »

Whether I agree or not, is something I cant answer, as I am going ot need to try and check my records and work out if I was at work or not. THis will take quite some time based on the period of time involved.

I'm not an expert but in my opinion if you are going to argue your case you really need to be more certain of your facts that you currently appear to be.

It sounds to me at present as if you could well have taken those extra days off over and above your allowance and got paid for them - the company seems more sure of it's records than you are. In the circumstances it seems reasonable for the company to say that you shouldn't have got paid for them and take that into consideration when calcualting your final pay packet, even if that holiday year is now over.

Caroline_a

How it works at our place (and I've seen this a lot before), is that you can carry over a maximum of 5 days from one year to the next, but it has to be taken within the first 3 months of the new year. If you don't take it during that time you lose it.

p00hsticks

Caroline_a wrote: »

How it works at our place (and I've seen this a lot before), is that you can carry over a maximum of 5 days from one year to the next, but it has to be taken within the first 3 months of the new year. If you don't take it during that time you lose it.

but the OPs problem isn't that he had unused holiday to carry over into the new year ,but that he somehow seems (in a previous year) to have managed to take more days than his annual holiday allowance permitted.

The company are now looking to deduct those days form the current years allowance when calcuating his final pay packet following redundancy