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Unfair deductions and holiday entitlement - what can I do next?
lovelouise
Posts: 56 Forumite
This is a follow up thread from - https://forums.moneysavingexpert.com/discussion/5089318
As shown, I've been battling with my now ex-employer to get them to start paying us for any time that we've worked, which previously they were not doing. I have now been advised by a colleague that they are paying for time worked from now on, however I'm struggling with HR and Payroll to get them to agree to pay me for unfair deductions. Basically, I worked for less than half a shift but still worked for 2 hours and they are refusing to pay me for the time whatsoever. I have contacted ACAS about it and written a formal grievance email, but they keep directing me to read the contract and company handbook which simply details the sickness pay procedure which I have no problems with. I know I'm not entitled to be paid for a day off sick I've had, I'm simply asking to be paid for the time which I have worked.
Anyway, my next problem stems from holiday entitlement. In my email, I detailed that I expected my final wage to include any holiday accrued which I hadn't taken, as well as a bonus which was unpaid and the time worked above which has been unlawfully deducted. They responded by telling me that my entitlement is 1.67 days a month (a total of 20.4 days a year?) and I have taken 11 days since my employment began in May to it ending in October. Firstly, I've taken 10 days in total and worked the bank holiday in August. From what I can tell, I'm entitled to 28 days including 8 statutory bank holidays. It's detailed separately in my contract, ie 20 days whenever and 8 bank holidays. However the contract also states that you get time in lieu for working a bank holiday. So according to the gov.uk holiday calculator, I'm entitled to a total of 92 hours, so around 11.5 days meaning I should be paid for 1.5 days rather than deducted 19.25 hours like HR have told me.
Can anyone provide any advice on this matter? I'm really struggling to get my point across to HR/Payroll, they're misunderstanding my concerns re: the deductions even though I've explained it clear as day. I'm actually moving to New Zealand in a week and pay day is on the 24th, so ideally I need this resolved as a matter of urgency but I'm unsure what else I can do other than keep hassling HR via email until they do what I ask.
Far too much stress than I need at the moment! Help!
As shown, I've been battling with my now ex-employer to get them to start paying us for any time that we've worked, which previously they were not doing. I have now been advised by a colleague that they are paying for time worked from now on, however I'm struggling with HR and Payroll to get them to agree to pay me for unfair deductions. Basically, I worked for less than half a shift but still worked for 2 hours and they are refusing to pay me for the time whatsoever. I have contacted ACAS about it and written a formal grievance email, but they keep directing me to read the contract and company handbook which simply details the sickness pay procedure which I have no problems with. I know I'm not entitled to be paid for a day off sick I've had, I'm simply asking to be paid for the time which I have worked.
Anyway, my next problem stems from holiday entitlement. In my email, I detailed that I expected my final wage to include any holiday accrued which I hadn't taken, as well as a bonus which was unpaid and the time worked above which has been unlawfully deducted. They responded by telling me that my entitlement is 1.67 days a month (a total of 20.4 days a year?) and I have taken 11 days since my employment began in May to it ending in October. Firstly, I've taken 10 days in total and worked the bank holiday in August. From what I can tell, I'm entitled to 28 days including 8 statutory bank holidays. It's detailed separately in my contract, ie 20 days whenever and 8 bank holidays. However the contract also states that you get time in lieu for working a bank holiday. So according to the gov.uk holiday calculator, I'm entitled to a total of 92 hours, so around 11.5 days meaning I should be paid for 1.5 days rather than deducted 19.25 hours like HR have told me.
Can anyone provide any advice on this matter? I'm really struggling to get my point across to HR/Payroll, they're misunderstanding my concerns re: the deductions even though I've explained it clear as day. I'm actually moving to New Zealand in a week and pay day is on the 24th, so ideally I need this resolved as a matter of urgency but I'm unsure what else I can do other than keep hassling HR via email until they do what I ask.
Far too much stress than I need at the moment! Help!
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