Left job, told to take owed holiday but also paid for it

r1_canuck

Hello all,

I left my previous employer last month and was to work 2 weeks notice. I worked one week and was then told on the friday of that week by both of my managers to leave at lunch time as I was owed 5.5 days holiday and if I don't leave now I won't get paid for it or have enough time to take it. It made sense, so I did as I was told, tidied my desk, finished my work and left.

However, last friday I received a letter from the HR dept. in the post confirming my termination of employment and that I would be paid for the 5.5 days holiday I was owed at the end of this month.

I have tried to contact my manager twice since leaving. Once, before the letter arrived, asking if everything went through correctly - I didn't receive a reply. Secondly, after the letter arrived, stating what the letter said and then asking what I should do - no reply to this either.

What do I do in this situation? I started the job in October with 12.5 days holiday allowance, I only took 1.5 days, so I had 11 remaining. The only thing I thought might have happened is they have calculated it on the 11 days left and paid me for half, then I took half as holiday? Although, I did think the holiday year at the employer ran April to April.

Thanks in advance

KatrinaWaves

r1_canuck wrote: »

Hello all,

I left my previous employer last month and was to work 2 weeks notice. I worked one week and was then told on the friday of that week by both of my managers to leave at lunch time as I was owed 5.5 days holiday and if I don't leave now I won't get paid for it or have enough time to take it. It made sense, so I did as I was told, tidied my desk, finished my work and left.

However, last friday I received a letter in the post confirming my termination of employment and that I would be paid for the 5.5 days holiday I was owed at the end of this month.

I have tried to contact my manager twice since leaving. Once, before the letter arrived, asking if everything went through correctly - I didn't receive a reply. Secondly, after the letter arrived, stating what the letter said and then asking what I should do - no reply to this either.

What do I do in this situation?

Thanks in advance

Don't spend the money pop it to one side, contact the payroll department with what has happened. Then just wait for them to claim it.

r1_canuck

Thank you for such a quick response.

Is it best to wait until they pay me and see if it does get paid? Or message beforehand?

KatrinaWaves

r1_canuck wrote: »

Thank you for such a quick response.

Is it best to wait until they pay me and see if it does get paid? Or message beforehand?

Maybe send an email just clarifying that you did actually take the time off instead as directed, may be able to sort the issue before it is paid. You can always follow up, chances are management havent told payroll (or havent told them quick enough!)

General_Grant

For your employer to specify your holiday dates (as in this case) they should give you notice. It sounds as though HR realised you had not been given the required notice so, in effect, you were on approved absence/gardening leave.

Undervalued

General_Grant wrote: »

For your employer to specify your holiday dates (as in this case) they should give you notice. It sounds as though HR realised you had not been given the required notice so, in effect, you were on approved absence/gardening leave.

Yes, I wondered about that aspect. However I suspect they would argue that the OP agreed.

As you say the OP was entitled to notice (technically 11 days notice to be forced to take 5.5 days holiday). Had he dug his heels in he arguably could have insisted on working those days then being paid for the holiday in addition to his final pay.

However I am not totally clear whether the requirement for notice to take holiday applies when he has given notice to leave. Some contracts specify that unused holiday must be taken during the notice period except by special permission. If the OP's says something like that then arguably he was given sufficient notice to take the holiday.

Frankly I would be tempted to sit back and see what happens! Keep in mind though they can ask for the money back at any time in the next six years (five in Scotland).

Savvy_Sue

contact HR rather than your manager?

getmore4less

General_Grant wrote: »

For your employer to specify your holiday dates (as in this case) they should give you notice. It sounds as though HR realised you had not been given the required notice so, in effect, you were on approved absence/gardening leave.

Contract can override statutory notice and mutual agreement is still allowed.

getmore4less

What was the full year allowance regular and BH and the holiday year?

Statutory for around 3month(oct-dec) would only be 7 days.

Looks like 12.5 would be 1/2 of 25 suggesting full allowance may have been 25+BH.


I suspect they forgot to put the holidays taken into the system.

r1_canuck

Their holiday allowance runs April-April

r1_canuck

I have now contacted the HR dept stating what has happened, I would rather be honest and just have what money I know is mine than chance it (for the sake of what would be a weeks pay).

I won't state the company this is with but for a corporation that turned over £15.5b last year, you would think it would have been dealt with better than this!

Thank you everyone for your advice, I'm super grateful.