Am I entitled?

awhileaway

I started work on the 13th March 15 and left the job on 20th Nov 15. My reasons for leaving are long but main reasons being that I applied for a Receptionist position and ended up being a prep chef (and skivvy) which I hated so much! After a recent funeral at which I had to leave the area and travel 12 hours each way, my boss had so much anger toward to me and I just told them I had enough and quit.
Collected wages due to me yesterday which was £30 short of what I had, but because I opened it at home and not in front of them I realise there is nothing I can do about it so have left it alone - as they will state I am trying to have them on etc etc.
I put in writing that I was leaving and the dates along with reasons why. That I would be in contact for any holiday pay owed to me (worked 22 hours a week, 6 days a week)
Now, I know my ex-boss will put up a fight regarding any money (no one has ever asked her for over due money before and some ex-employees have actually left with out collecting any wages or money owed) as she is a cheap skate and will happily rip any one off regardless.
I went on to GOV.UK and put my hours in and the date I started and finished and it stated that I was entitled to 85 hours holiday pay - and on my hourly wage it came out to about £640. Am I entitled to this? Or is it something that she can take away from me? I'm not sure how this all works and I want this over as soon as.
Thank you

Poppie68

If your dates of employment are correct then you are entitled to less than 3 hrs holiday not 85hrs.
If you believe money is still owed then you need to speak up as you've nothing to lose as you've already walked out.

awhileaway

Can I ask how it is just 3 hours? I was advised to go on to GOV.UK website where it stated the 85 hours. I work on a small island so businesses shut up during the winter, and on Jan 4th the business was due to shut and I would be awarded my holiday pay for the whole of Jan at a pay out of £157 a week or there abouts. Just awful thinking that in a short space of 4 weeks I would have been entitled to holiday pay of that amount and yet now only 3 hours worth?? I have took no holidays at all during my employment and only 3 days off which wasn't paid either.

Poppie68

awhileaway wrote: »

Can I ask how it is just 3 hours? I was advised to go on to GOV.UK website where it stated the 85 hours. I work on a small island so businesses shut up during the winter, and on Jan 4th the business was due to shut and I would be awarded my holiday pay for the whole of Jan at a pay out of £157 a week or there abouts. Just awful thinking that in a short space of 4 weeks I would have been entitled to holiday pay of that amount and yet now only 3 hours worth?? I have took no holidays at all during my employment and only 3 days off which wasn't paid either.

Sorry for some godforsaken reason I read the dates as 13th November till the 20th Nov....my apologies.

Poppie68

Have you taken any holidays at all from your allowance?



Edit.... I obviously need a coffee just seen the no holiday comment.

awhileaway

I have never taken any holiday allowances as we weren't and aren't allowed to.
I had a day off (unpaid) for my partners hospital visit, another day off to collect my foster child (unpaid) and then took of Monday 16th November - 20th November (unpaid) and on which day I quit as I was being harassed and spoke to like a pile of **** from my boss.
After all the stress and all of the things I had to do I just had enough. And where I worked, no one works their 2 week notice and they literally make your life hell

Poppie68

You are owed 85.23,if this hasn't been paid then they need to pay you. Write a letter including a print off of the .gov site, and include any other monies you believe you are owed.

Poppie68

awhileaway wrote: »

I have never taken any holiday allowances as we weren't and aren't allowed to.
I had a day off (unpaid) for my partners hospital visit, another day off to collect my foster child (unpaid) and then took of Monday 16th November - 20th November (unpaid) and on which day I quit as I was being harassed and spoke to like a pile of **** from my boss.
After all the stress and all of the things I had to do I just had enough. And where I worked, no one works their 2 week notice and they literally make your life hell

You need to check your contract and see what is says about not working your notice, they may of deducted money for that.
Also did you check your payslip after you took the unpaid days, did they pay you?
No employer can refuse your statutory right to holidays, they could tell you when to take them but can't refuse you.

awhileaway

85.23 hours holiday pay x my hourly rate of £7.50 = the amount they owe me?
I don't want to go down to her as I know she will make a scene and yes, I am warey of her and what her spiteful tongue has to say (I admittedly suffer with bad anxiety which has come back so badly even thinking of going to see her!)
Can I post her a note asking her to post my pay recorded? Or can I indeed get someone else to go and pick it up for me so I do not have to see her?
My partner thinks I'm being a wimp and I get that I am but I don't think I can face her.

awhileaway

Poppie68 wrote: »

You need to check your contract and see what is says about not working your notice, they may of deducted money for that.
Also did you check your payslip after you took the unpaid days, did they pay you?
No employer can refuse your statutory right to holidays, they could tell you when to take them but can't refuse you.

I never signed a contract, they advertised for a Receptionist but wanted me to do other jobs (work the bar, clean, prep all the food, set tables and make their dentist/doctor appointments) I heard through other staff that Boss refused any kind of contracts because then it meant everyone would have to stick to what their job role was, instead of being able to make us do anything she desired.
I done the wages (well sent them off) and if I had a day of, it was never paid. Always unpaid)
Yes , she stated that if any of us wished to have holidays then we will be sacked. I wanted to take the kids away next summer and boss flat out laughed and said no chance. We all take it in Jan. No sooner.

Poppie68

awhileaway wrote: »

85.23 hours holiday pay x my hourly rate of £7.50 = the amount they owe me?
I don't want to go down to her as I know she will make a scene and yes, I am warey of her and what her spiteful tongue has to say (I admittedly suffer with bad anxiety which has come back so badly even thinking of going to see her!)
Can I post her a note asking her to post my pay recorded? Or can I indeed get someone else to go and pick it up for me so I do not have to see her?
My partner thinks I'm being a wimp and I get that I am but I don't think I can face her.

You can post a letter or email her, if you don't want to deal with her get your partner to write the letter or email but as if it is you. Don't let her post money, either get your partner to pick it up or have it transferred to your bank.
If she's being awkward after the letter send her a 'letter before action' letter, this should be enough to get her to pay as I'm sure she doesn't want to end up in court. If you do have to meet her face to face take someone with you.