No holiday pay in last wage

Elmo91

Hello all, just joined to see if someone can offer any advice before I have a meeting tomorrow.

Basically my partner got a job at local fast food place. He started on 12/09/16. Everything was going OK with this company, although they were cowboys with the way they dealt with things. On the 08/11/16 the owners called a meeting with my partner and proceeded to tell him that things weren't working out so let him go. They probably knew this wasn't grounds to sack him so they put him on gardening leave till the end of the November and he would receive his final full salary as usual. He received a letter stating the reason they let him go, that they are putting him on gardening leave and he will receive his usual salary.

So everything went OK, he received his final wage but noticed there was no holiday pay. He hadn't taken any during his employment and no where in writing does it say he took it during his garden leave. We also got his final payslip which states no holiday was paid. It just says salary xx x and that's all. The company are saying that he took his holiday that he accrued during his garden leave so he was not entitled to it now.

Does this sound normal? Any advice much appreciated, he is having a meeting with the owner tomorrow to discuss but he wants to go with the right knowledge to fight his corner as I believe if he did receive holiday pay it should of stated this on his termination later or on his final wage slip!

Thanks, looking forward to replies

Undervalued

Elmo91 wrote: »

Hello all, just joined to see if someone can offer any advice before I have a meeting tomorrow.

Basically my partner got a job at local fast food place. He started on 12/09/16. Everything was going OK with this company, although they were cowboys with the way they dealt with things. On the 08/11/16 the owners called a meeting with my partner and proceeded to tell him that things weren't working out so let him go. They probably knew this wasn't grounds to sack him so they put him on gardening leave till the end of the November and he would receive his final full salary as usual. He received a letter stating the reason they let him go, that they are putting him on gardening leave and he will receive his usual salary.

So everything went OK, he received his final wage but noticed there was no holiday pay. He hadn't taken any during his employment and no where in writing does it say he took it during his garden leave. We also got his final payslip which states no holiday was paid. It just says salary xx x and that's all. The company are saying that he took his holiday that he accrued during his garden leave so he was not entitled to it now.

Does this sound normal? Any advice much appreciated, he is having a meeting with the owner tomorrow to discuss but he wants to go with the right knowledge to fight his corner as I believe if he did receive holiday pay it should of stated this on his termination later or on his final wage slip!

Thanks, looking forward to replies

It would be perfectly normal for the firm to have required him to use up his holiday during the garden leave. However, depending on how much holiday he had owing and how long the garden leave was it might not, technically, have been possible for them to insist on all of it as they are supposed to give him twice the notice as the length of holiday they wanted him to take.

How would he prove that they didn't tell him to take the holiday as the notice does not have to be in writing.

He may technically be in the right but I suspect he will have an uphill battle. The could have course made hime work instead of garden leave and sat him in a room straightening out the paper clips!

Guest101

Elmo91 wrote: »

Hello all, just joined to see if someone can offer any advice before I have a meeting tomorrow.

Basically my partner got a job at local fast food place. He started on 12/09/16. Everything was going OK with this company, although they were cowboys with the way they dealt with things. On the 08/11/16 the owners called a meeting with my partner and proceeded to tell him that things weren't working out so let him go. They probably knew this wasn't grounds to sack him so they put him on gardening leave till the end of the November and he would receive his final full salary as usual. - lucky, he can be sacked for no reason. He received a letter stating the reason they let him go, that they are putting him on gardening leave and he will receive his usual salary.

So everything went OK, he received his final wage but noticed there was no holiday pay. He hadn't taken any during his employment and no where in writing does it say he took it during his garden leave. We also got his final payslip which states no holiday was paid. It just says salary xx x and that's all. The company are saying that he took his holiday that he accrued during his garden leave so he was not entitled to it now. - that is possible

Does this sound normal? Any advice much appreciated, he is having a meeting with the owner tomorrow to discuss but he wants to go with the right knowledge to fight his corner as I believe if he did receive holiday pay it should of stated this on his termination later or on his final wage slip!

Thanks, looking forward to replies

He has almost no rights at all and got more than legally required

McKneff

Under 2 years service they can just sack and not have to tell him why. He got more than he was entitled to . Tell him to move on before they realise they may have overpaid him lol

Undervalued

McKneff wrote: »

Under 2 years service they can just sack and not have to tell him why. He got more than he was entitled to . Tell him to move on before they realise they may have overpaid him lol

He is still entitled to notice and payment for any untaken holiday.


The firm could have made him work his notice, it was their choice to opt for garden leave. If they did not tell him to take his holiday during the notice period (or were unable to give the correct notice to do so) then he is entitled to be paid for it.

Maybe a schoolboy error on the employer's part! Whether it is worth pursuing is another matter.

How many days holiday are in dispute?

Elmo91

It will only be 4 or 5 days max he is owed, it's just the principle of them letting him go just before Christmas and then not giving him his holiday entitlement. I would of understood if on his final payslip it has said holiday pay and xxx amount but it just says salary. So there is no proof that he did receive any holiday pay during his garden leave or whether it was his standard pay. He was on garden leave from the 12/11/16 till the end of the month 30/11/16. I don't understand why people are saying he had already been overpaid, it was the company's choice to put him on garden leave which entitles him to his full salary.

McKneff

Im sorry, on reflection could I ask how long was his 'garden leave'
The terminogy confuses me because Garden Leave is usually assocated with being made redundant.

Usually if you are being Let Go, it is usually 'leave now and we will pay you your notice period....

And like I say, on reflection I think i would fight for the holiday pay.
Small claims court if necessary.

Write to them, Head the letter, LETTER BEFORE ACTION, tell them they have 7 days to pay
other wise you will take further action; if they dont answer take them to the small claims court, this can be done on line..

I dont think they have a chance of getting away with it to be honest.

Outline exactly what you are claiming.

Go get 'em....

Guest101

Elmo91 wrote: »

It will only be 4 or 5 days max he is owed, it's just the principle of them letting him go just before Christmas and then not giving him his holiday entitlement. I would of understood if on his final payslip it has said holiday pay and xxx amount but it just says salary. So there is no proof that he did receive any holiday pay during his garden leave or whether it was his standard pay. He was on garden leave from the 12/11/16 till the end of the month 30/11/16. I don't understand why people are saying he had already been overpaid, it was the company's choice to put him on garden leave which entitles him to his full salary.

The reason is that he is entitled to one week's notice, not 2.5 weeks.

Guest101

McKneff wrote: »

Im sorry, on reflection could I ask how long was his 'garden leave'
The terminogy confuses me because Garden Leave is usually assocated with being made redundant. - I wouldn't say that. Garden leave is usually used when someone is being let go or moving to a competitor, but the employer does not want them on site (for example bad for morale or roisk of corporate sabotage)

Usually if you are being Let Go, it is usually 'leave now and we will pay you your notice period.... - No that is garden leave.

And like I say, on reflection I think i would fight for the holiday pay.
Small claims court if necessary.

Write to them, Head the letter, LETTER BEFORE ACTION, tell them they have 7 days to pay
other wise you will take further action; if they dont answer take them to the small claims court, this can be done on line..

I dont think they have a chance of getting away with it to be honest.

Outline exactly what you are claiming.

Go get 'em....

4-5 days holiday, so must give ten days notice, 18 day period... fits, just

Undervalued

Guest101 wrote: »

The reason is that he is entitled to one week's notice, not 2.5 weeks.

That would be his statutory entitlement. However he may have had a contractual entitlement to more. 18 days / 2.5 weeks is a very odd amount.

I am beginning to wonder if they intended to pay him for a week's notice plus his untaken holiday? However I appreciate that doesn't add up correctly either!

Unless there is a clear contractual entitlement to more than a week's notice I would be tempted to leave this one be. If they discover they have actually overpaid then they are entitled to ask for the excess back!

Guest101

Undervalued wrote: »

That would be his statutory entitlement. However he may have had a contractual entitlement to more. 18 days / 2.5 weeks is a very odd amount.

I am beginning to wonder if they intended to pay him for a week's notice plus his untaken holiday? However I appreciate that doesn't add up correctly either!

Unless there is a clear contractual entitlement to more than a week's notice I would be tempted to leave this one be. If they discover they have actually overpaid then they are entitled to ask for the excess back!

Indeed. I suspect they basically were just paying out the month as a GOGW (who has 18 day contractual notice period?) and meant to include the holiday


obviously OP if you can give more detail