Should I keep claiming my money owed from employer?

difs

General_Grant said:

difs said:

Undervalued said:

difs said:

General_Grant said:

difs said:

General_Grant said:

difs said:

My employer is constantly getting things wrong with my payslips. This month it was 10 hours holiday leave unpaid (I had 6 days off - they paid me for just under 5?) and being taxed 3 times too much (turns out this was HMRC's fault - I rang when this happened the previous month but they didn't send the tax code change to my employer so it happened again. However, my employer did claim the tax was fine - £300 tax on £1500 gross...)

When I switched from the employment agency to a proper employee with the company they missed paying me £500 worth of untaken holidays, they get my hours wrong, they get holidays wrong - they haven't added the August bank holiday that I worked onto my allowance, and they've taken the may bank holiday that I didn't work off my 20 days allowance that doesn't include bank holidays!

It's constant and no one seems to know what they're doing. My question is should I keep claiming everything back? I feel like I'm constantly emailing the managers about each issue and I don't want to lose my job. This is just a minimum wage stop gap job at a company with a high turnover and I have an offer to start my dream job in 6 months. 

What do you think?

What date marked your beginning to work for them as an employee?

How many days do you work each week?

How much holiday have you taken since becoming their employee?

17th of May. But I was already with the company from late last year, so 1st of Jan we got our 20 days allowance + 2 carried over from Dec bank holidays. Then when the switch happened in May I had everything I'd accrued up until then (I hadn't taken any) removed from my allowance and paid out.
So any bank holidays worked should be added on to the original 20 days and any not worked shouldn't be taken off. 

5 days each week worked

9 days holiday taken 

Those days accrued up to 16 May should have been paid by the agency when you left them.  An employer is not supposed to pay for statutory leave entitlement accrued but not taken except when an employee leaves.  That time, as far as your employment rights are concerned, is nothing to do with your current employer.

The allowance for the remainder of the year (since you became their employee and holidays their responsibility) should have been pro rata for the part year from 17 May.  As you work 5 days a week, your statutory entitlement is 28 days for a complete holiday year.  One way of calculating the proportion for this year (for up to 31 December) would give you 17.5 days (including BHs if taken as leave.

During your first year of employment they can decide that they will pay only for accrued holiday and not pay for holiday taken but not yet accrued.  If you have already taken 9 days leave, you will not have accrued that amount of paid leave.  Look at how much you had actually accrued at the time you took the holiday and you may find that is what they have paid you for.

Yep 28 days for the full year, including bank holidays. But bank holidays weren't included in the initial 20 days, they weren't paid out in May, so they need to be added on to the allowance when worked.

That makes sense about not accruing enough, but on our holiday portal they've taken 6 days off my allowance so 6 days holiday should be paid that month. Surely they either pay what's been taken off or only take off what they're able to pay, otherwise I lose out later in the year when I have accrued more

If you know for certain that you are leaving in a few months time and particularly if that is within a year of starting I would suggest waiting and having one big sort out (bust up!) then.

How much notice do you have to give (the legal default would be one week unless your contract requires more).? They can instruct you to take unused holiday during your notice if they so choose. However they are legally obliged to pay for any holiday not taken when you leave and as GG has said they are not allowed to pay you for it under other circumstances.

There is nothing special about bank holidays. Your entitlement is to 28 days per year, it just so happens that you employer insists (as is their right) that eight of those 28 days are taken on BHs.

That makes sense. It seems like it could be difficult to question things from 9 months back though?
Yeah one week notice

I know there's nothing special about them, it's just we work 5 days that can be any day of the week and can be bank holidays. They haven't included bank holidays in our initial allowance, so they need to add them on if we work them, and not remove them if we don't work them.

When you leave you shouldn't be querying "things from 9 months back".  You would be checking on what has happened since 17 May until your leaving date, which won't be that long.

17 May is 3.5 months ago + 6 months until I leave = 9.5 months? 

General_Grant

difs said:

General_Grant said:

difs said:

Undervalued said:

difs said:

General_Grant said:

difs said:

General_Grant said:

difs said:

My employer is constantly getting things wrong with my payslips. This month it was 10 hours holiday leave unpaid (I had 6 days off - they paid me for just under 5?) and being taxed 3 times too much (turns out this was HMRC's fault - I rang when this happened the previous month but they didn't send the tax code change to my employer so it happened again. However, my employer did claim the tax was fine - £300 tax on £1500 gross...)

When I switched from the employment agency to a proper employee with the company they missed paying me £500 worth of untaken holidays, they get my hours wrong, they get holidays wrong - they haven't added the August bank holiday that I worked onto my allowance, and they've taken the may bank holiday that I didn't work off my 20 days allowance that doesn't include bank holidays!

It's constant and no one seems to know what they're doing. My question is should I keep claiming everything back? I feel like I'm constantly emailing the managers about each issue and I don't want to lose my job. This is just a minimum wage stop gap job at a company with a high turnover and I have an offer to start my dream job in 6 months. 

What do you think?

What date marked your beginning to work for them as an employee?

How many days do you work each week?

How much holiday have you taken since becoming their employee?

17th of May. But I was already with the company from late last year, so 1st of Jan we got our 20 days allowance + 2 carried over from Dec bank holidays. Then when the switch happened in May I had everything I'd accrued up until then (I hadn't taken any) removed from my allowance and paid out.
So any bank holidays worked should be added on to the original 20 days and any not worked shouldn't be taken off. 

5 days each week worked

9 days holiday taken 

Those days accrued up to 16 May should have been paid by the agency when you left them.  An employer is not supposed to pay for statutory leave entitlement accrued but not taken except when an employee leaves.  That time, as far as your employment rights are concerned, is nothing to do with your current employer.

The allowance for the remainder of the year (since you became their employee and holidays their responsibility) should have been pro rata for the part year from 17 May.  As you work 5 days a week, your statutory entitlement is 28 days for a complete holiday year.  One way of calculating the proportion for this year (for up to 31 December) would give you 17.5 days (including BHs if taken as leave.

During your first year of employment they can decide that they will pay only for accrued holiday and not pay for holiday taken but not yet accrued.  If you have already taken 9 days leave, you will not have accrued that amount of paid leave.  Look at how much you had actually accrued at the time you took the holiday and you may find that is what they have paid you for.

Yep 28 days for the full year, including bank holidays. But bank holidays weren't included in the initial 20 days, they weren't paid out in May, so they need to be added on to the allowance when worked.

That makes sense about not accruing enough, but on our holiday portal they've taken 6 days off my allowance so 6 days holiday should be paid that month. Surely they either pay what's been taken off or only take off what they're able to pay, otherwise I lose out later in the year when I have accrued more

If you know for certain that you are leaving in a few months time and particularly if that is within a year of starting I would suggest waiting and having one big sort out (bust up!) then.

How much notice do you have to give (the legal default would be one week unless your contract requires more).? They can instruct you to take unused holiday during your notice if they so choose. However they are legally obliged to pay for any holiday not taken when you leave and as GG has said they are not allowed to pay you for it under other circumstances.

There is nothing special about bank holidays. Your entitlement is to 28 days per year, it just so happens that you employer insists (as is their right) that eight of those 28 days are taken on BHs.

That makes sense. It seems like it could be difficult to question things from 9 months back though?
Yeah one week notice

I know there's nothing special about them, it's just we work 5 days that can be any day of the week and can be bank holidays. They haven't included bank holidays in our initial allowance, so they need to add them on if we work them, and not remove them if we don't work them.

When you leave you shouldn't be querying "things from 9 months back".  You would be checking on what has happened since 17 May until your leaving date, which won't be that long.

17 May is 3.5 months ago + 6 months until I leave = 9.5 months? 

I thought you were leaving within the holiday year.  As 6 months from now is early March that's not the case, unless I also misunderstood the start of your holiday year which I thought was 1 January.

Just seen the 6 months mentioned at the end of your OP.  Sorry had forgotten that.