Holiday Pay

samdawson2012

Hi there not posted for a long time so please bear with me.

So recently I left my job due to a lot of things. I handed my notice in with immediate effect as this was the best thing for me. So didn't work my notice period but at the time the best thing.

I had accured round about 7-8 days of holiday which was not paid to me on my final wage. Now i have read on some forums they have to pay you it and then i have read they don't. I m just trying to find out if anyone knows if i should be paid it or not. Also i had never signed any contract with the company and never read what there notice period was.

Many thanks

sangie595

samdawson2012 wrote: »

Hi there not posted for a long time so please bear with me.

So recently I left my job due to a lot of things. I handed my notice in with immediate effect as this was the best thing for me. So didn't work my notice period but at the time the best thing.

I had accured round about 7-8 days of holiday which was not paid to me on my final wage. Now i have read on some forums they have to pay you it and then i have read they don't. I m just trying to find out if anyone knows if i should be paid it or not. Also i had never signed any contract with the company and never read what there notice period was.

Many thanks

They ought to pay. But perhaps they are taking a leaf out of your book and doing the best thing for themselves?

samdawson2012

Well maybe so but you dont really know the circumstances. And i started my new job a week later. No drama just a yes or no would be sufficient

Undervalued

samdawson2012 wrote: »

Well maybe so but you dont really know the circumstances. And i started my new job a week later. No drama just a yes or no would be sufficient

Well, yes they have to pay it but no, it may not be a good idea to push it!

You are in breach of contract by not working your notice and they could sue you for any losses this has caused. Such claims are fairly unusual but they can and do happen. It doesn't give them the legal right to withhold what they owe you but it is not uncommon for these situations to degenerate into "you sue us and we will sue you"!

Your call....

samdawson2012

Many thanks for your reply

sangie595

samdawson2012 wrote: »

Well maybe so but you dont really know the circumstances. And i started my new job a week later. No drama just a yes or no would be sufficient

We neither need to know the circumstances, nor when you started your new job. You have a contract, you have to give notice, and you knew that. So there is nothing further to consider. I presume that had they been dismissing you, you would have insisted on notice (or notice pay). It works both ways. If you don't realise this, then the sooner you find out, the better. Not all employers are sanguine about people who walk out, leaving them in the lurch, and there are plenty of ways they can get back at you.

TBagpuss

They may have effectively treated you as having (informally) chosen to take your holiday during your notice period.

If you didn't have a written contract then it's likely that your notice period was 1 week, which would (if you were full time) use up 5 of the 7 days you had accrued.

SO you could argue they should have paid you for 2 days.
But equally, you were in breach of contract and they could, technically, sue you for any costs they incurred.

If your notice period was longer (which it may have been - even if you didn't sign a contract you will have had one, so if your notice period was actually longer, you might owe them.

In practice, it's probably unlikely that they would sue you, so you could try contacting them, once, to say that you believe that you are entitled to be paid the 2 / 3 days not covered by your notice period.

anamenottaken

TBagpuss wrote: »

They may have effectively treated you as having (informally) chosen to take your holiday during your notice period.

If you didn't have a written contract then it's likely that your notice period was 1 week, which would (if you were full time) use up 5 of the 7 days you had accrued.

SO you could argue they should have paid you for 2 days.
But equally, you were in breach of contract and they could, technically, sue you for any costs they incurred.

If your notice period was longer (which it may have been - even if you didn't sign a contract you will have had one, so if your notice period was actually longer, you might owe them.

In practice, it's probably unlikely that they would sue you, so you could try contacting them, once, to say that you believe that you are entitled to be paid the 2 / 3 days not covered by your notice period.

The logic of your calculation of them possibly owing pay for 2 or 3 days seems faulty to me.

If you are wanting to allow 5 days of the holiday to be used in the notice period when no notice was given, then that notice period would also need to be paid. I would expect that as no notice was given then also no notice period/"holiday" was paid and the originally calculated total amount of accrued but not taken holiday would still need to be paid.