previous employer who don't want to pay for my unused holidays

glodlich

Hello my name is lukas , I have a problem with previous employer who don't want to pay for my unused holidays.

Sorry in advance for my english its not my first language

Overall situation look like this , i gave my former employer 2 weeks resignation letter on 22/03 of this year , so my last day of working was 05/04.
Resignation letter contain quote "I understand that my final pay will include any holiday pay that I have not taken during this holiday year."
My employer argument for not paying was that they holiday year ends on 1/04 and my last day at work was 5/04 so all my unused are lost (12 days unpaid) .

And my question is it legal what they did , isn't day i put resignation notice should be valid not the day of my last working day ?. Is there any way to appeal form they decision thank you for your help.

elsien

When does your holiday year run to and from?
How many days leave do you have?
How many had you already taken and how many did you believe you had left?
What is your company's policy for any leave that is not taken during the year it is accrued?

glodlich

new holiday year starts in company i work befor on 1st of april ,I gave 2 weeks standard notice letter, its full time position so 28 days holiday per year i work there for 6 months used 2 days over this time.
Don't know company's policy about holidays not taken during the year but for my understanding they should pay me for unused days not just forget about them without paying

Neasy

Hi there. Have a look at

Oops that was supposed to be https://www.gov.uk/holiday-entitlement-rights/taking-holiday-before-leaving-a-job

elsien

glodlich wrote: »

new holiday year starts in company i work befor on 1st of april ,I gave 2 weeks standard notice letter, its full time position so 28 days holiday per year i work there for 6 months used 2 days over this time.
Don't know company's policy about holidays not taken during the year but for my understanding they should pay me for unused days not just forget about them without paying

Some companies have a use it or lose it policy. Mine says I can carry a few days over to the next leave year but I need to use them within a month. You need to check the policy if you can.
What is the reason you didn't take the holiday - it makes a difference whether it was your choice or whether your requests were refused.

Edited to add - try posting this in the employment bit of the forum, you'll get more of a response.

Thrugelmir

glodlich wrote: »

I gave 2 weeks standard notice letter,

Is two weeks notice the amount that you are required to give under the terms in your contract of employment.

glodlich

i just check terms of employment , most of it is legal nonsens, its says i entitled to to use my holidays before 31/03 its not going to next holiday period but it dont say what happend if i dont do it . About notice ist 1 week for 1 year , and extra 1 week for each year after that , but i gave 2 weeks just to be sure and the reason i quit its simple they started cuting my work hours . i'm gonna visit local Citizens Advice in monday gonna see if they can help me with this, anyway thank you for your help .

tacpot12

What is the reason you didn't take your leave within the holiday year?

marlot

glodlich wrote: »

...
My employer argument for not paying was that they holiday year ends on 1/04 and my last day at work was 5/04 so all my unused are lost (12 days unpaid) ....

If the employer has a holiday year running from 1st April to 31st March, you need to take your holiday in that time.

Unless your contract says otherwise, the only way I can see of you getting it paid is if you can show that the employer didn't let you take it in the year for some reason.

Neasy

In the document I quoted (link above, my emphasis) it says:

Getting paid instead of taking holidays
The only time someone can get paid in place of taking statutory leave (known as ‘payment in lieu’) is when they leave their job. Employers must pay for untaken statutory leave (even if the worker is dismissed for gross misconduct).

If an employer offers more than 5.6 weeks’ annual leave, they can agree separate arrangements for the extra leave.

sandsy

glodlich wrote: »

i just check terms of employment , most of it is legal nonsens, its says i entitled to to use my holidays before 31/03 its not going to next holiday period

That's your answer. You had a 'use it or lose it' holiday system. Any leave not used by 31/3 each year was lost, and not carried over to the next year at 1/4. So at your leaving date of 5/4, you had no leave to be paid out since it was only 5 days into the new leave year.