Holiday entitlement & leaving without notice

getmore4less

If the apprentice contract was a fixed term then that just carries on with a new unspecified end date,

The contract gets modified by changes like new pay or standard T&Cs that would happen coming off apprentice T&C's they don't have to be written or signed, just turning up for work and getting paid creates a contract.

The main issue will probably be agreeing a resignation date. once that is established the pay dues can be established.

They should have disciplined and sacked you when you refused to supply sick notes and failed to turn up for work.

What was the exact wording you used, they may have decided that was a resignation without notice and use that date.

gettingtheresometime

danny226 wrote: »

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

Why are you refusing SSP? Seems a strange thing to do if you've been genuinely sign off work

the_donchichio

From the outside this is my opinion

you can only accrue holidays if you actually work and if you don't work,turn up, hand in sicknote and don't contact the employer you are deemed to have left. Most likely your employer may claim to have tried to contact you in three occasions to find out your intentions and after this terminate your employment and any holidays/entitlements

tomtontom

specialboy wrote: »

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

I would largely follow this line, except that I would say the contract was ended by frustration - the primary cause being the OP's bizarre behaviour. Holiday pay would be accrued up to the date they failed to turn up for work or hand in a sick note.

Of course, a court could disagree - it is an odd case.

bloolagoon

How have you survived between July and now?

If you claimed benefits which ones?

TELLIT01

If you haven't turned up for work, haven't provided any medical evidence etc I would think there is a natural inference that you have quit your job. I don't see how there could be any entitlement to holiday pay from the date you ceased to communicate with the employer.

DCFC79

danny226 wrote: »

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

You didnt need to contact him for your P45, you just fill another form in.

JKSandy

Is it really worth persuing? Just fill in a P46 with your new employer and put this episode in the past.