Holiday Pay Entitlement

Cotta

specialboy wrote: »

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.

I'm inclined to agree but what are her options? I spoke to her last night and the payroll department have washed their hands off it and referred her Manager, he has washed his hands off it and referred it to the recruiter.

The bottom line from the Manager which I know he is wrong on is that she did not work there long enough to accrue holiday pay but as a good will gesture she was paid for the August bank holiday.

getmore4less

Letter before action of a small claims for unpaid wages might get their attention.

Cotta

getmore4less wrote: »

Letter before action of a small claims for unpaid wages might get their attention.

I mentioned what you said and my sister has advised that she has sent an email to Senior Management within payroll asking for review and correction and for outstanding money to be paid by Friday.

I'll let you know how she gets on.

Cotta

Spoke to my sister at lunch, payroll referred back that no holiday pay is due as 6 weeks at 35 hours per week is not long enough for holiday pay to accrue. My sister suggested going to the small claims court so all of a sudden it has now been referred to HR by payroll.

Majestic12

Cotta wrote: »

Spoke to my sister at lunch, payroll referred back that no holiday pay is due as 6 weeks at 35 hours per week is not long enough for holiday pay to accrue. My sister suggested going to the small claims court so all of a sudden it has now been referred to HR by payroll.

That is completely wrong from payroll. Holiday pay starts to accrue from the first day you work. She should link them to the .Gov website which explains it

getmore4less

I can't remember if I have mentioned this before.

Holiday accrual is part of the working time regulations section 13

http://www.legislation.gov.uk/uksi/1998/1833/regulation/13/made

particular attention should be made to section 13(7)

(7) The entitlement conferred by paragraph (1) does not arise until a worker has been continuously employed for thirteen weeks.


I have yet to see anyone provide a reference to legislation or case law that overrides that other than the usual ,gov acas etc. none of which refer to where this entitlement comes from.

The increases in amounts of leave 13(2) are covered by further legislation up to the current 5.6 weeks

Most places work on accrual from day one but if it went to court and they turned up with the WTR what would you use to say you are entitled?

Cotta

They have declined payment based on the 13 week rule.

specialboy

There is no such rule.

Judgejudy

getmore4less wrote: »

I can't remember if I have mentioned this before.

Holiday accrual is part of the working time regulations section 13


particular attention should be made to section 13(7)

(7) The entitlement conferred by paragraph (1) does not arise until a worker has been continuously employed for thirteen weeks.


I have yet to see anyone provide a reference to legislation or case law that overrides that other than the usual ,gov acas etc. none of which refer to where this entitlement comes from.

The increases in amounts of leave 13(2) are covered by further legislation up to the current 5.6 weeks

Most places work on accrual from day one but if it went to court and they turned up with the WTR what would you use to say you are entitled?

Wow - I honestly did NOT realise that. I know that where I work sessional workers accrue holiday pay from when they start - and some leave before working for 13 weeks - so according to that they should NOT be getting holiday pay? That's like 3 months work and no holiday pay??

Is that true?

getmore4less

Cotta wrote: »

They have declined payment based on the 13 week rule.

specialboy wrote: »

There is no such rule.

So you have the reference that counters the WTR that says there is a 13week qualifying period?