final wage, holiday pay?

lovelylovely

Hello,
I need a bit of help regarding holiday pay,

Worked for 3 months, no contract, was on probation period, walked out gave no notice.
I have just received final pay, holiday pay not included

Fulltime job, 40 hours a week, I worked there 16 weeks and 1 day.
I have not taken any holidays and did not get paid for bank holidays

I have spoken to ACAS and have been advised I am entitled to holiday pay. 28 days for the year.

They told me to calculate:
28 days per year divided 52 weeks of year times numbers of weeks worked.
I came to figure of 8.66

Would that be 8.5 days or 9 days?

I will be writing to them, but need help on structure of letter, any help pointing me in right direction will be much appreciated

Thanks
Lovely

Undervalued

It would be nine days.

However, keep in mind you are in breach of contract by failing to give the statutory notice of one week.

Although that does not give them the right to withhold your holiday pay they could (although it is not that common) make a claim against you for any unavoidable losses caused by you walking out.

More common is a game of "you sue us and we will sue you"!

lovelylovely

Undervalued wrote: »

It would be nine days.

However, keep in mind you are in breach of contract by failing to give the statutory notice of one week.

Although that does not give them the right to withhold your holiday pay they could (although it is not that common) make a claim against you for any unavoidable losses caused by you walking out.

More common is a game of "you sue us and we will sue you"!

Fair play, doubt they will
I am willing to take the chance, worked hard and put up with a lot,
They are the type of place that are good at forgetting what the law is and making up their own rules, so if they can get away with not paying something, they will

specialboy

You have accrued 9.77 days leave which can be rounded up but not down by the employer. As stated above they can counter claim for any reasonable costs incurred due to you leaving without notice.

Undervalued

specialboy wrote: »

You have accrued 9.77 days leave which can be rounded up but not down by the employer.

You may be right. I simply accepted the OP calculation but, as you say, rounded up.