holiday listed as unpaid-after the fact

freyasiobhan

Hi, my first time posting - hoping someone can help. My husband has been working for his employer for just over a year. He has just had a week off. At his place of employment, the usual proceedure is that each period of holiday has to be authorised and marked on the calender prior to being taken. He has always done this and it's always been straight forward, with holiday pay received. He is due back tonight and has just received an email saying that he has gone over his holiday allowance by 3 days and so 3 of the days he was off for will go down as unpaid leave. He spoke to his immediate boss, who confirmed that he thought my husband still had 10 days leave available this year, of which he had just taken 7. He has been told that the central system does not show this, but shows the 3 days over. If his holiday was authorised, and no notification was given at the time that he had gone over his allowance, or that 3 days would be unpaid, can they refuse holiday pay in this way? Another employee had the same problem but was told he was a day over and that days holiday pay wasn't given - that was a few months ago and he has not managed to get his days pay back.

Bogalot

He is entitled to be paid for his contractual holiday pay. If he has taken more than this he has no right to payment.

For the future, he needs to keep track of his own holiday entitlement.

freyasiobhan

Thanks. So, just to clarify, it doesn't matter what he or his immediate boss thought the holiday entitlement remaining was, or that the manager authorised it?

London50

In a word no, as stated if the immediate boss thought the holiday entitlement remaining was, or that the manager authorised it along with your husband all got the information wrong then there is no entitlement to have the wages paid for the extra days taken

freyasiobhan

Thanks. Have told him and he will ask for an updated contract with the correct entitlement so it doesn't happen again.

jobbingmusician

Hold on. We seem to be talking about two different things here.

I think the earlier posters were assuming, as I was, that your husband had overspent his contractual leave by 3 days. In that case of course the employer has the right not to pay him for those 3 days (and your husband should be keeping his own records of how much leave he has taken and how much he has still to come in the current holiday year.)

In your last post you refer to him asking for an updated contract. Why? Are you now suggesting that his holiday allowance has been paid out at less than that stated in his contract? If so, this is NOT on - he should be paid for his contractual leave (remember to calculate bank holidays where he has not worked on these, of course.)

I also have a suggestion, if he has actually overspent his leave. If the holiday year ends on 31 Mar, he could apologise for unintentionally overspending by 3 days, explain that this was due to the wrong information given by his manager, and ask if these 3 days could be paid and deducted from next year's holiday. He will have accrued the right to 2 1/3 days by the end of April, so this will not be a 'loan' of leave for very long!

getmore4less

Find out why the system thinks he had 4 days left and both hubby and manager thought it was 10.

Find the error first.

Manxman_in_exile

getmore4less wrote: »

Find out why the system thinks he had 4 days left and both hubby and manager thought it was 10.

Find the error first.

Yes. Presumably you and your husband know what his holiday entitlement is? How many days holiday has he taken? If you think your figures are correct, ask his employer why they think you (and his boss) are wrong