Notice Peridod and holiday pay (irregular hours)

jjpmaia

Thank you all for your help. Where can she make a complaint regarding this?
Regarding the hours, we have everything in an excel file, plus, the payslips have the hours she worked per month.

Thank you.

jobbingmusician

Send your calculations to the payroll department, stating the holiday pay you feel she should be paid, and asking them to put their response in writing by a specified date.

Assuming they do not reply, or their reply is intransigent or inaccurate, send a letter before action stating that you have calculated the actual holiday pay owed and intend to pursue your case at the small claims court if the outstanding money is not paid by (maybe give them a month if payroll is paid monthly, or even a few days more if your letter is dated just before payroll, as their payroll processors will need a few days' notice). You may as well register with MCOL at this stage - it doesn't cost anything and you will have your login ready for when you need it, at any time in the future.

If no money... https://www.moneyclaim.gov.uk/web/mcol/welcome

(But be aware that as she has been working there for less than 2 years, she has no employment protection. The employer is likely to terminate her employment for any reason once she has been flagged as a troublemaker. Personally I wouldn't want to work for a thieving scumbag who tried not to pay me my due holiday, but YMMV.)

Masomnia

If the girlfriend handed her notice in around the time of the first post then the company will have to act pretty sharpish to get a dismissal in there.

jjpmaia

Masomnia wrote: »

If the girlfriend handed her notice in around the time of the first post then the company will have to act pretty sharpish to get a dismissal in there.

Sorry, what do you man?
The notice period is not a problem any more, they assumed their mistake, only the holiday is a problem now.

Masomnia

jjpmaia wrote: »

Sorry, what do you man?
The notice period is not a problem any more, they assumed their mistake, only the holiday is a problem now.

Just responding to the last point JobingM made.

I agree with him about next steps to claim but IMHO this isn't a clear cut case if the overtime is non-contractual and I think the employer will fight it.

Let us know how you get on.

jjpmaia

Please see what they say about the hours:



We will speak with ACAS this weekend, and will keep you updated.
Thank you all for your support.