Holiday entitlement & leaving without notice

danny226

Hi everyone

I just wanted a bit of advice about my situation at the moment.

I've been working for a company since Dec 2012 and in Jul 2014, I was signed off sick with Depression and Insomnia (Caused by the presure of the job and the boss hinting at not surviving the next month, leading me to wonder if my job was safe.)

When I told the boss about this, I was greeted, very unexpectedly with the statement "I don't believe you, your trying to fleece me"

After this statement, which is completly untrue, I didn't go back to the job, nor did I give notice. He has paid me the days I worked prior to being signed off, and as a matter of principal, I refused to give him my sicknote, and wrote a letter refusing SSP.

Since this has happened, my DR has now said I am fit for work, and I have secured a new job started in a few weeks, however I had to contact my old employer for my P45. I also asked for the Holidays I am owed.

I've been met with the response "I need to find out about Holiday pay and quitting with no notice"

I was in contract from Dec 2012 to Dec 2013 as an aprentice, and the contracted stated that after the 12 months I had to sign a new contract, which never happened, so from Jan 2014 to Jul 2014 I was working without a contract

I was just looking for a bit of advice about this.

Thanks in advance!

Danny

Takeaway_Addict

So, have you given notice or have they dismissed you?

danny226

Takeaway_Addict wrote: »

So, have you given notice or have they dismissed you?

I just didn't go back, didn't give notice and I wasn't sacked.

Takeaway_Addict

but have you given notice yet or have they dismissed you? At the moment you are in limbo from what I can see. Thus it sounds like the employer is saying you are only just giving notice and as such this would be breach of contract if you didn't return to work.

You will be owed holiday pay but it sounds a massive mess and alot of tit for tat occuring, your boss will likely with hold the holiday pay and threaten to sue you for breach of contract if you take them to a tribunal for the holiday pay.

danny226

Takeaway_Addict wrote: »

but have you given notice yet or have they dismissed you? At the moment you are in limbo from what I can see. Thus it sounds like the employer is saying you are only just giving notice and as such this would be breach of contract if you didn't return to work.

You will be owed holiday pay but it sounds a massive mess and alot of tit for tat occuring, your boss will likely with hold the holiday pay and threaten to sue you for breach of contract if you take them to a tribunal for the holiday pay.

This is the bit where I'm getting confused. I am not in contract with my employer, as the contract ended Dec 2013.

My employer knows I am not coming back now, as I asked for my P45

Torry_Quine

You are in a contract though by continuing to work there. Contracts don't have to be written

getmore4less

AIUI you stopped turning up for work July(ish)

What have they paid you since then?

what did you say in the letter for refusing SSP.

danny226

getmore4less wrote: »

AIUI you stopped turning up for work July(ish)

What have they paid you since then?

what did you say in the letter for refusing SSP.

Yes I stopped turning up for work half way through July

I was paid the days I worked through July, which was about 2 weeks

I just stated due to previous conversations, I am refusing SSP during the period I am signed off work

specialboy

Looks to me like you just resigned in July and aren't due any holiday pay (unless earned before this time)

pmlindyloo

Even if you left without proper notice then they cannot withhold your holiday pay unless it states this in your contract.

Since you haven't been given a written contract for the 'new' job then I think it is unlikely that they can withhold your pay.

If you are a member of a union then that should be your first port of call.

Otherwise CAB or ACAS should help you write a letter outlining the money that they owe you. Always good to be able to say that you have consulted with **** and they confirm *****

Link for you:

http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm

Of course, if they don't pay you then your only option is to go to court (Employment Tribunal) and whether that is worth it is up to you.

getmore4less

pmlindyloo wrote: »

Even if you left without proper notice then they cannot withhold your holiday pay unless it states this in your contract.

A contractual term cannot stop the entitlement to accrued unused holiday.