Heard down the grapevine that my ex-boss is going to refuse my holiday pay on absolut

RockandGrohl

Backstory:

Worked at QH from July 2013 till end of September 2014. Housemate Rob worked there from July 2013 till end March 2015.

Whilst there, neither myself, Rob or any other employee thought we were entitled to Holiday Pay etc. The UK law states that any worker whether full time, part time or 0 hours contract is entitled to Holiday Pay based on the hours they've already worked.
I only found this out earlier this year, whilst working at my new job, I was told to make sure I took my holiday before the end of March.

So here we are now. I have contacted one of the managers at the QH and asked about my Holiday pay. The manager made some off-hand comment about me asking for it so late, but told me to leave it with him and he will speak to the company accountant about it.

I then hear via Rob that this manager (Chris) was annoyed the next day, blaming a co-worker for telling me that he got Holiday Pay in his final paycheck when he left (which is what prompted me to call) the phrase "Is he trying to bankrupt the company?!" was thrown out, which has an implication to me; that the QH and the other 7 venues in the chain are not paying their employees Holiday Pay unless they expressly ask for it, and that they are spending these Employees wages - seeing as every employee asking for their entitled Holiday pay would cause a massive expenditure.

That may just be speculation on my part.

This was a few days ago. Today, Rob tells me that the General Manager Ryan spoke to Rob and confirmed he would get his entitled Holiday Pay in his final paycheck. Ryan then said to Rob that I would not be getting any Holiday Pay because I left "on a bad note" and he doesn't feel like I deserve it.

What's this "bad note?" During Ryan's multi-week holiday, I felt too stressed with my bartending job that I didn't particularly like, wasn't getting me anywhere, and decided that after one stressful shift, I wanted to leave. I spoke to Chris who was in charge of the Rotas and told him to please not write me down for any future rotas. So after I gave him this news I still had a week of work left, and after my final shift I said good bye to my friends at work, good bye to the chefs and managers, and left. No bad note.

I'm expected a call or email from Ryan within the next few days, where according to Rob he will explain why I won't be receiving my holiday pay. I'm looking for advice on what I can do to ensure I get a full remuneration for the holiday hours I was entitled to, without taking it to court.

Thank you guys. Appreciate it.

jobbingmusician

Don't be so scared of taking it to court! All you have to do is to raise a small claims issue online, it's not like rolling up in front of a judge.

1. Tell the employer that you have been on an employment forum online and now know that you are entitled to holiday pay. You would be entitled to this even if you had been sacked (unless on gross misconduct) - you haven't been sacked. Refusing it on the basis of 'a bad note' is illegal and you have access to good advice to ensuring they pay up, if they won't do this willingly.

2. As an employer they should understand the costs of employing people. You are not trying to bankrupt them, you are simply claiming WHAT IS DUE TO YOU. If you take the matter to a small claims court, you will also be awarded interest. You are trying to resolve the matter amicably.

3. If you get a call, make it clear to them that they owe you this money and that you will pursue it through Small Claims if necessary.

There is of course a cost to Small Claims, but it is small. Have a look here http://www.moneysavingexpert.com/reclaim/small-claims-court#cost

From the sound of things, they will pay up if they believe that you will pursue your claim.

Incidentally, if Rob does not call, your next step is a Letter Before Action. But do be aware that much of what you have heard so far is simply gossip. It may be correct, but unless you have something in writing, be careful not to accuse them of anything they haven't said directly to you, or in writing.

RockandGrohl

Great advice, thanks. Didn't know that I would be due interest if it goes to SCC and I win. I would much rather sort it amicably. But all the same it sounds like I am not welcome in that Pub any more which is a shame as it is very nice!

Definitely true about the cost of employment, that's an excellent way to put it. From what it sounds like, they are spending employee assets (have just recently opened another chain which likely cost them £1,000,000+) and are now biting their nails at the prospect of having each and every employee claim their entitlement.

Just a note, it's Ryan that is the General Manager, not Rob (my housemate) sorry, I know names can get confusing if you aren't familiar with the situation.


Contacted some more ex-employees who put roughly a year in. They didn't get any holiday pay either. It seems the company does NOT pay legally entitled holiday pay unless you specifically ask for it, and I'm sure that's not kosher.

esuhl

A lot of small business owners try to scam employees out of holiday pay, redundancy pay, etc. Look up the relevant legislation online, so you can quote it verbatim, and kindly offer to give the employer a chance to pay you before you initiate legal proceedings.

asajj

I think it is better to remove the name of the company from your post as well. You are making assumptions that they are not paying holiday pays and it might cause issues to claim such thing without evidence.

TBagpuss

I would suggest that you put in writing what you are requesting - set out that you are aware that the company failed to pay your your full pay and in particular did not pay you your holiday pay. Ask them to confirm by return that they will be making arrangements to make up the overdue payments and to confirm within 14 days (i) the names individual in the company who will be responsible for dealing with this (ii) when the payment will be made (iii) that they will also forward a full statement setting out how the payment has been worked out and (iv) what provision they will make for interest given that the payment is very significantly overdue.

Keep a copy of the letter. I would cc this to the HR department at Corporate if you can.

The issue of who said what to who is a red herring. Either you are entitled to the pay or you are not. It is irrelevent who else have recieved it, and what terms you left the company on.

If you know how much you are due you could put in the letter that you believe that the amount owed is £xx gross / £xx net but I personally would be inclined to let them work it out and show your their calculation, and the query it if you think they get it wrong.

Takeaway_Addict

esuhl wrote: »

A lot of small business owners try to scam employees out of holiday pay, redundancy pay, etc. Look up the relevant legislation online, so you can quote it verbatim, and kindly offer to give the employer a chance to pay you before you initiate legal proceedings.

Define alot?

specialboy

When did the company holiday year run from/to?

RockandGrohl

specialboy wrote: »

When did the company holiday year run from/to?

Can't tell you I'm afraid. None of us were really clued up on Holiday and it's only now that I'm digging in to it. I don't have my contract either - they were kept in the office. I'll have to get a hold of that.

I have already been advised that it's unlawful if the contract signs away our holiday. They definitely aren't allowed to do that.

specialboy

Holiday is use it or lose it so if your holiday year was October -September (unlikely but possible) then you may not have any unpaid hols to claim

RockandGrohl

specialboy wrote: »

Holiday is use it or lose it so if your holiday year was October -September (unlikely but possible) then you may not have any unpaid hols to claim

And unfortunately if it coincides with the tax year then I'm out of luck here too and it's likely they will only give me 8 days pay... which is a real kick in the teeth.