Shortimed unused holiday on resignation ? Help ?

SC1991

I've resigned from my job and this months pay is missing 41 hours of work which is the exact amount of hours I have left to book of holiday. I've left today after doing 2 weeks notice so I didn't expect them to pay me those outstanding hours even though I've read numerous articles saying employers have to pay outstanding hours even if an employee is dismissed for gross misconduct.

Even so surely they can't take that money off me as I'm entitled to it. And if I had of known this I would have simply walked out and worked no notice. I have also worked in to a new month so I will have anothe pay heck to come and so surely an deductions/additions should come on final pay. I know I need to take this up with work but my manager is not in and payroll won't help me at all without talking to the manager.

Just wanted to know if anyone had any idea about how it works or been in a similar situation before, sorry if this is posted in the wrong sub-forum, wasn't too sure which one to post in.

Thanks

Undervalued

SC1991 wrote: »

I've resigned from my job and this months pay is missing 41 hours of work which is the exact amount of hours I have left to book of holiday. I've left today after doing 2 weeks notice so I didn't expect them to pay me those outstanding hours even though I've read numerous articles saying employers have to pay outstanding hours even if an employee is dismissed for gross misconduct.

Even so surely they can't take that money off me as I'm entitled to it. And if I had of known this I would have simply walked out and worked no notice. I have also worked in to a new month so I will have anothe pay heck to come and so surely an deductions/additions should come on final pay. I know I need to take this up with work but my manager is not in and payroll won't help me at all without talking to the manager.

Just wanted to know if anyone had any idea about how it works or been in a similar situation before, sorry if this is posted in the wrong sub-forum, wasn't too sure which one to post in.

Thanks

Yes they do.

It will most likely be paid with the final pay.

If after receiving your September pay it is still not been paid then you need to write to them saying clearly what is owed and give them a short by reasonable time to pay, failing which you will take legal action.

A simple claim like this can be made in the small claims court.

jobbingmusician

I don't quite understand, though.

Did you walk out without working your notice? If you did, you are in a less clear situation since the employer could argue that they incurred costs as a result of your notice (and although I don't think they are just allowed to deduct notional costs from your final pay, it does muddy the waters.)

Otherwise, I think Undervalued's advice excellent.

SC1991

I worked 2 weeks notice, they normally prefer people to work 4 however the conversation i had with HR was basically they have never known anybody be deducted money no matter how much notice they gave. So i gave 2 weeks notice and worked those 2 weeks.

Even if i have taken more than my entitlement so far this year my main concern is that nobody has informed me of this and according to the government website regarding holidays and resignation, "an employer must make an employee aware of any deductions of final pay and it must be discussed and put into writing before any money taken."

Which they have not done, my boss couldn't even be bothered to come to work 10 minutes early to do an exit interview.

So i'm thinking legally its a grey area because if i have taken more holiday than i'm entitled to (which i do not think i have, especially not the amount i've been deducted) then they are also in the wrong by not following the law and notifying me of such things.

paddedjohn

Your post is a bit garbled. You say that you had 41 hours holiday left then you say that you may have taken more than your entitlement

SC1991

I had 41 hours left to book based on what I was given at the start of the company year. I'm leaving half way through the company year so maybe I've not aquired all the allowance yet ? Having said that I have 2 weeks holiday (78 hours) booked in that I have not taken as they are in the future (forced into booking them on paper even though I didn't want to book them in as I've nothing planned it looks good on their balance sheet to have everyone's full holiday written in). Which is why I do not think in any way I've taken 41 hours more than I'm owed. By my maths I have 41 unbooked and 78 booked but not yet taken. My entitlement at the start of the year was 234 hours. With 119 either booked and not yet taken or unbooked. So by my maths I've taken just over 50% of my holiday and I've worked just over 50% of the company year so I do not think in any way I owe them 41 hours !

paddedjohn

Right start with the numbers, how many holidays have you actually taken?
When does your holiday year run from-to? How many hours a week do you work?

Undervalued

jobbingmusician wrote: »

I don't quite understand, though.

Did you walk out without working your notice? If you did, you are in a less clear situation since the employer could argue that they incurred costs as a result of your notice (and although I don't think they are just allowed to deduct notional costs from your final pay, it does muddy the waters.)

Otherwise, I think Undervalued's advice excellent.

Yes, they could argue that but if it came to a court case they would need evidence to back it up and be able to demonstrate that they took all reasonable steps to minimise their losses.

But, as you suggest, they do not have the legal right to simply deduct the amount from the OP's final pay. Obviously that doesn't mean they won't but more likely it will degenerate into a case of "you sue us and we will sue you"!

jobbingmusician

SC1991 wrote: »

I had 41 hours left to book based on what I was given at the start of the company year. I'm leaving half way through the company year so maybe I've not aquired all the allowance yet ? Having said that I have 2 weeks holiday (78 hours) booked in that I have not taken as they are in the future (forced into booking them on paper even though I didn't want to book them in as I've nothing planned it looks good on their balance sheet to have everyone's full holiday written in). Which is why I do not think in any way I've taken 41 hours more than I'm owed. By my maths I have 41 unbooked and 78 booked but not yet taken. My entitlement at the start of the year was 234 hours. With 119 either booked and not yet taken or unbooked. So by my maths I've taken just over 50% of my holiday and I've worked just over 50% of the company year so I do not think in any way I owe them 41 hours !

You certainly won't have acquired all the allowance yet. Another one here asking 'when does the company leave year start?'

More questions - how many days' holiday have you actually taken?

How long is one of your working days? (Hoping they are all the same length for simplicity )

How many bank holidays have you had? Because the 234 hrs is likely to include these.....