left job, holiday pay?

tibbers

Hi,
my daughter left her job last week due to personal reasons, she didn't give any notice, just told the chap above the manager of the shop, that she was leaving, and she left half way through her shift.
She started work beginging of november 2014, and left 25 august 2015. She is 17, was on 3.79 an hour. When she first started she had a contract which ended in december (months trial), and apparently she has one now, even tho she hasn't signed a new one (from when the old one ended).
The question is, is she entitled to holiday pay? She has only taken 3 days from what we can remember, usually she works 4 day shifts averaging on 36 hours a week.
She had her final pay this morning, with no holiday pay. Will she get it at a later date? or is she not entitled as she left?

glentoran99

tibbers wrote: »

Hi,
my daughter left her job last week due to personal reasons, she didn't give any notice, just told the chap above the manager of the shop, that she was leaving, and she left half way through her shift.
She started work beginging of november 2014, and left 25 august 2015. She is 17, was on 3.79 an hour. When she first started she had a contract which ended in december (months trial), and apparently she has one now, even tho she hasn't signed a new one (from when the old one ended).
The question is, is she entitled to holiday pay? She has only taken 3 days from what we can remember, usually she works 4 day shifts averaging on 36 hours a week.
She had her final pay this morning, with no holiday pay. Will she get it at a later date? or is she not entitled as she left?

assuming leave year runs from april she may not have any left, you would need to calculate what she has accured

tibbers

glentoran99 wrote: »

assuming leave year runs from april she may not have any left, you would need to calculate what she has accured

Hi, sorry i dont understand what you mean lol, am i being a bit thick?

Takeaway_Addict

tibbers wrote: »

Hi,
my daughter left her job last week due to personal reasons, she didn't give any notice, just told the chap above the manager of the shop, that she was leaving, and she left half way through her shift.
She started work beginging of november 2014, and left 25 august 2015. She is 17, was on 3.79 an hour. When she first started she had a contract which ended in december (months trial), and apparently she has one now, even tho she hasn't signed a new one (from when the old one ended).
The question is, is she entitled to holiday pay? She has only taken 3 days from what we can remember, usually she works 4 day shifts averaging on 36 hours a week.
She had her final pay this morning, with no holiday pay. Will she get it at a later date? or is she not entitled as she left?

When does her holiday year run from and to?

She is likely entitled to some holiday pay, she is also entitled to be sued by the employer for clear breach of contract (though this is unlikely but the employer may call her bluff)

tibbers

will have to try and find her old contract to see if it says anything on there about holiday pay. Thanks for reply!

glentoran99

tibbers wrote: »

Hi, sorry i dont understand what you mean lol, am i being a bit thick?

She would only be entitled to leave accrued from beginning of the leave year,


Assuming 20 days, that works out at 1.66 days per month, Pro Rata for hours worked, You need see what it says in her contract

Takeaway_Addict

tibbers wrote: »

will have to try and find her old contract to see if it says anything on there about holiday pay. Thanks for reply!

Check with someone though because some employers may put terms in that are not legally enforceable.

Undervalued

Assuming she had worked there for more than a month then technically she was obliged to give at least a week's notice (or more depending on her contract).

Although not legally entitled to do so her employer may well try and withhold pay and or holiday pay for this reason.

If they have suffered a loss as a result of her walking out they could (theoretically at least - it is rare) make a claim against her. More likely is a game of "you sue us and we will sue you"!

Tread carefully.

TBagpuss

When have they paid her until? Have they paid her up to 25th ? Is there any chance that they have treated it as if she gave notice and then took the days off as holiday (i.e. if she gave notice on 25th she should have worked until 1st - but they may have treated t as if she took 26-1st as holiday)

BobQ

tibbers wrote: »

Hi,
my daughter left her job last week due to personal reasons, she didn't give any notice, just told the chap above the manager of the shop, that she was leaving, and she left half way through her shift.
She started work beginging of november 2014, and left 25 august 2015. She is 17, was on 3.79 an hour. When she first started she had a contract which ended in december (months trial), and apparently she has one now, even tho she hasn't signed a new one (from when the old one ended).
The question is, is she entitled to holiday pay? She has only taken 3 days from what we can remember, usually she works 4 day shifts averaging on 36 hours a week.
She had her final pay this morning, with no holiday pay. Will she get it at a later date? or is she not entitled as she left?

You ask about holiday pay. Someone is entitled in law to statutory paid holiday of 5.6 weeks at a full time rate. So someone working 4 days a week is entitled to 22.4 days a year. She is entitled to a proportion of these days for the months she worked. You will have to do the exact calculation based on the actual dates, but this will be roughly 15.5 days based on working for 9 months of a leave year.

You say your daughter only took 3 days off in this time so that should come off the total. Also an employer can count any bank holidays she did not work as leave. Unless her contract says otherwise there is no entitlement to paid leave on a bank holiday.

https://www.gov.uk/holiday-entitlement-rights/entitlement

However she is entitled to however many days of statutory leave to be paid at the daily rate for the work she does. In this case if she usually works 9 hours a day she is entitled for them to be paid at 9 times the hourly rate when she leaves the job.

As has been stated your daughter has not helped herself by not giving the required notice. However, while the firm may try to take the view that it will not pay her holiday pay for breaking the contract, it is illegal to withhold statutory pay even if she had been dismissed for gross misconduct.

https://www.gov.uk/holiday-entitlement-rights/taking-holiday-before-leaving-a-job

She could call the ACAS helpline www.acas.org.uk

http://www.acas.org.uk/index.aspx?articleid=1374

I suggest she asks them to explain how they have calculated her leave entitlement ask why they have not paid the outstanding leave. I would also ask for a written statement of her contract. Not providing one (if asked) is also a breach of employment law.

If they claim to have withheld the holiday pay they are breaking the law.

BobQ

Undervalued wrote: »

Assuming she had worked there for more than a month then technically she was obliged to give at least a week's notice (or more depending on her contract).

Although not legally entitled to do so her employer may well try and withhold pay and or holiday pay for this reason.

If they have suffered a loss as a result of her walking out they could (theoretically at least - it is rare) make a claim against her. More likely is a game of "you sue us and we will sue you"!

Tread carefully.

I doubt very much they would bother, most 17 year olds would never be able to pay compensation.