Discrepancies with Holiday in Lieu pay?

Gwood1290

Hi there

I am hoping someone may have had a similar experience and have a clear answer, i'm at a loss.

Background
I started an apprenticeship around September 2017. The length was 18 months, after 12 months my wage would go up from the apprenticeship wage (£3.50) to minimum wage (£7.38 at the time of writing). I left the job in October 2018 (after 13th months), to go elsewhere for an amazing opportunity. I am finishing my apprenticeship there on a great wage.

Problem
My employer did not include my un-taken unpaid holiday in my final pay check so I emailed them about it. They sent me a spreadsheet with the workings out and how much, I am to be paid around £350 for 16 days unpaid. They worked out the majority of it was based on my £3.50 wage and a minimal amount on my £7.38 wage. If it was all on the wage I was on upon leaving, it would be over £700.

The question
Is that correct? That the holiday pay should be split between the wages I was on during the 13 months? Is it not correct to have the holiday pay paid at the wage i was on at the time of leaving/requesting it, £7.38?

If I was still working there and I took 2 weeks holiday, they would pay me £3.50 per hour for it? Surely not, that seems strange to me?

Anyone know if it is correct to be split or should it be all done on the wage I was on at the latest time? My contract has nothing about this and I cannot find any information.

Undervalued

Gwood1290 wrote: »

Hi there

I am hoping someone may have had a similar experience and have a clear answer, i'm at a loss.

Background
I started an apprenticeship around September 2017. The length was 18 months, after 12 months my wage would go up from the apprenticeship wage (£3.50) to minimum wage (£7.38 at the time of writing). I left the job in October 2018 (after 13th months), to go elsewhere for an amazing opportunity. I am finishing my apprenticeship there on a great wage.

Problem
My employer did not include my un-taken unpaid holiday in my final pay check so I emailed them about it. They sent me a spreadsheet with the workings out and how much, I am to be paid around £350 for 16 days unpaid. They worked out the majority of it was based on my £3.50 wage and a minimal amount on my £7.38 wage. If it was all on the wage I was on upon leaving, it would be over £700.

The question
Is that correct? That the holiday pay should be split between the wages I was on during the 13 months? Is it not correct to have the holiday pay paid at the wage i was on at the time of leaving/requesting it, £7.38?

If I was still working there and I took 2 weeks holiday, they would pay me £3.50 per hour for it? Surely not, that seems strange to me?

Anyone know if it is correct to be split or should it be all done on the wage I was on at the latest time? My contract has nothing about this and I cannot find any information.

Interesting one this!

Why did you not take approximately 14 days (almost three working weeks) of your holiday during the first year?

Did the employer remind you to take it and you failed to do so? Or, did they agree to carry it over?

There is an argument to be made that by failing to take the holiday when you should have done, unless they specifically agreed to carry it over, you have lost it. In which case what they are offering may be a gesture of goodwill so I would think carefully before arguing too much without sound advice!

Very roughly you accrue two days holiday for each month you work so, as you say, only about two of the 16 days will have been accrued whist working at the higher pay rate. There is no doubt that they must pay you for those days at the higher rate

jobbingmusician

Yes, I agree. The holiday should be paid at the rate it was earned at (and I take the point about holidays not being carried over). Obviously the OP worked for 12 months at the lower rate and around a month at the higher rate. It is totally unreasonable to expect that all except a tiny bit of the backdated holiday should be paid at the higher rate!