Holiday Pay Entitlement

Cotta

Hi All,

Not sure of the laws of this and I'm enquiring on behalf of my sister. She worked very briefly for a company ( six weeks), it was a temporary role that was supposed to last six months, however due to system issues within the company some of this included not having a system to work from during her first four weeks there so she was never able to do her job . At the end of six weeks she left the role and has just received her final salary settlement from the company minus holiday pay. The temporary contract worked on a basis of two holiday days earned per month so she would have earned three days. Can she claim these or are companies able to withhold money?

TadleyBaggie

So how many days holiday did she take in the 6 weeks?

Cotta

TadleyBaggie wrote: »

So how many days holiday did she take in the 6 weeks?

I don't believe she took any.

LittleVoice

Cotta wrote: »

Hi All,

Not sure of the laws of this and I'm enquiring on behalf of my sister. She worked very briefly for a company ( six weeks), it was a temporary role that was supposed to last six months, however due to system issues within the company some of this included not having a system to work from during her first four weeks there so she was never able to do her job . At the end of six weeks she left the role and has just received her final salary settlement from the company minus holiday pay. The temporary contract worked on a basis of two holiday days earned per month so she would have earned three days. Can she claim these or are companies able to withhold money?

24 days holiday a year for someone working 5 or more days a week is less than the statutory amount (the minimum which they could pay). However perhaps bank holidays would be in addition.


Did she take the August bank holiday as paid leave?


What would the holiday entitlement have been for someone working for a year? Include the bank holidays.


She would then be entitled to a pro rata amount of holidays and any paid leave days would, of course, be deducted before arriving at an amount to be paid on leaving (or re-claimed if she had taken more than accrued during those 6 weeks).

Cotta

LittleVoice wrote: »

24 days holiday a year for someone working 5 or more days a week is less than the statutory amount (the minimum which they could pay). However perhaps bank holidays would be in addition.


Did she take the August bank holiday as paid leave?


What would the holiday entitlement have been for someone working for a year? Include the bank holidays.


She would then be entitled to a pro rata amount of holidays and any paid leave days would, of course, be deducted before arriving at an amount to be paid on leaving (or re-claimed if she had taken more than accrued during those 6 weeks).

Just text her, she took the August bank holiday - she thinks on top of the 2 days per month they were entitled to 8 days bank holiday annually.

Cotta

Employer just contacted the recruiter who deployed my sister, employer has said she is not eligible for holiday pay as she has not been there long enough.

LittleVoice

Cotta wrote: »

Employer just contacted the recruiter who deployed my sister, employer has said she is not eligible for holiday pay as she has not been there long enough.

Who pays your sister direct? Is it the "employer" or the "recruiter"? Is the recruiter an agency?


If it is the employer who pays direct, what has it got to do with the recruiter now?


If it is the recruiting agency and she is therefore employed by the agency, she accrued paid holiday from the first hour she worked. It would be at 12.07% of the hours worked. They can say she has to accrue paid leave before taking and being paid for it, but she is entitled to accrue it straight away.

Cotta

LittleVoice wrote: »

Who pays your sister direct? Is it the "employer" or the "recruiter"? Is the recruiter an agency?


If it is the employer who pays direct, what has it got to do with the recruiter now?


If it is the recruiting agency and she is therefore employed by the agency, she accrued paid holiday from the first hour she worked. It would be at 12.07% of the hours worked. They can say she has to accrue paid leave before taking and being paid for it, but she is entitled to accrue it straight away.

Payroll referred her back to the agency, probably a little bit of pass the buck at present - I don't think she is going to pursue it.

[Deleted User]

Yeah I just tell myself that was an expensive reference! worked Jan - Apr 2015 without holiday pay, even Easter bank holiday went unpaid.


P60 issued shortly afterwards - never awarded holiday pay. I learn and will ask the next assignment does this include holiday pay?

Cotta

Deleted%20User wrote: »

Yeah I just tell myself that was an expensive reference! worked Jan - Apr 2015 without holiday pay, even Easter bank holiday went unpaid.


P60 issued shortly afterwards - never awarded holiday pay. I learn and will ask the next assignment does this include holiday pay?

Four months, that is pretty unfair! What would your options have been if you did pursue it?

specialboy

If she can afford to write off over half a weeks wages she must be flush for cash. Someone is ripping her off and she can't let them get away with it otherwise they will keep doing it to others.