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

RockandGrohl

It's been just over 2 weeks since I first contacted Chris, so I am ringing up tomorrow and chasing it up.

Any ideas what to say, I don't want to straight up come out with "I'm going to take you to small-claims court" but it is definitely a companies legal responsibility to pay out any holiday payment in lieu of taking a holiday once employment has concluded, right?

jobbingmusician

Right. How about something like this.

'You will remember that I asked for the holiday pay I was entitled to when I left [company name.] I still haven't had a payment or an answer to this query. I've been researching it in the mean time, and I definitely am entitled to it. I calculate I am owed x amount.'

I don't want to put you on the spot, so I don't expect you to respond now, but I do expect payment, or a clearly written explanation of why the company does NOT think this money is payable, within a week. I have been advised that I could reclaim this money through the small claims court, but obviously this would cost the company still more, so I want to resolve this amicably if we can.'

RockandGrohl

That's very nicely worded, I like it.

I've dug through my old payslips, and my last paycheck was on Week 22 of tax year 2014/2015 (End of August) I have payslips for:

10
11
12
13
XX
15
XX
XX
XX
XX
XX
21
22


Not sure where the other 6 are.


But if I go from my last 12 payslips, it comes to 481.7 hours, which averages to approximately 40 hours per week. Can someone confirm the calculation for holiday entitlement please? Is it 40 x 5.6 x £6.31 (The minimum wage I was paid at the time) That comes to £1,413.44


Thanks guys.

RockandGrohl

The legal minimum
Under the Working Time Regulations 1998 (as amended), workers (including
part-timers and most agency and freelance workers) have the right to:
• 5.6 weeks’ paid leave each year (from 1 April 2009)
• payment for untaken statutory leave entitlement on termination of
employment.

Savvy_Sue

Obviously that 5.6 weeks is pro rata if you're not there for a full year ...

The quick'n'easy calculation is to multiply your gross earnings by 12.07%.

jamesd

On a calculator the % button will normally divide by 100. So writing multiply by 12.07% is the same as writing multiply by 0.1207.

robatwork

I thought this thread was about vodka.

Mrs_Ryan

My fibro fogged brain read that as my ex boss is going to spend my holiday pay on Absolut

jobbingmusician

Let me double check. You never took ANY holiday AT ALL? Not Christmas Day, Boxing Day, Easter Day? Because these days do come off the 5.6 weeks.


Also, there is no requirement for a company's holiday year to be the same as its tax year. However, I think this is a bit of a red herring as, if they never paid you any holiday, I think SCC would be likely to award at least a year's worth of 'untaken holiday' payments, regardless of when the firm's holiday year started and stopped.

RockandGrohl

jobbingmusician wrote: »

Let me double check. You never took ANY holiday AT ALL? Not Christmas Day, Boxing Day, Easter Day? Because these days do come off the 5.6 weeks.


Also, there is no requirement for a company's holiday year to be the same as its tax year. However, I think this is a bit of a red herring as, if they never paid you any holiday, I think SCC would be likely to award at least a year's worth of 'untaken holiday' payments, regardless of when the firm's holiday year started and stopped.

I worked in a Pub, so had to work days like Easter etc. Didn't work Christmas or Boxing Day as I worked New Years instead, but didn't get paid for any days I had off.

Bottom line is, if I didn't work, I didn't get the £6.31 per hour.