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Missing Historic Holiday Pay

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SieIso
SieIso Posts: 149 Forumite
10 Posts First Anniversary Name Dropper
Hi All,

This is a little unusual, a colleague and I worked part-time at a company for approximately 20 years each. I joined in 2000 when I was a student and left around 2020. From the start, we were excluded from holiday pay, when this was queried it was always deferred but a stipulation was made by the company that we would need to provide evidence that holiday pay was an entitlement, this was provided on multiple occasions through several different managers but the issue always went nowhere. Around 2008 we met with the area manager who advised that the backlog of accumulated holiday pay over the years was going to be "too high" to pay out as both of us had been working in excess of 25 hours every week and we frequently breached full-time hours. The area manager advised that the owner had made a compromise offer of a £500 payment added to a pension pot with an additional £1-£2 paid in each week by the company on our behalf. My colleague and I both rejected this as it was much too low and we wanted the cash instead of a pension pot but reluctantly accepted as no further offer would be made. The area manager advised that in 20 years time, we would be thanking the owner as compound interest would make the pot very appealing. This was the only offer the business was to make. A further agreement was made that holiday pay would start immediately, however, in reality, this didn't start until around 2010 due to excuses from the company. Multiple times the area manager was asked for documents on the pension but again we were stonewalled and told that everything was as it should be. A few months ago I was able to track down the company pension pot only to discover it was empty and this was the same for my colleague. I sent a complaint to the company about this and they replied with a message from the owner stating that it was not an issue for him because the area manager whom he employed had been sacked in 2012 due to serious fraud and theft which subsequently resulted in a court case and a conviction. I told the owner via email that it meant that my colleague and I with very long service had been left significantly out of pocket. As of today, the owner has requested to meet with both of us, however, I am not sure what is going to be said or what our rights are. We suspect that they will again use the line that the area manager is a convicted fraudster as a way of getting out of this. What should we expect when we meet with the owner and is it worth putting forward our expectations?

Thanks in advance.
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Comments

  • lincroft1710
    lincroft1710 Posts: 18,943 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I wouldn't expect anything


    Can you prove your wages didn't include anything for holiday pay? Also you state you left "around 2020". Surely you must be able to reference the actual day you left employment. 
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • SieIso
    SieIso Posts: 149 Forumite
    10 Posts First Anniversary Name Dropper
    I wouldn't expect anything


    Can you prove your wages didn't include anything for holiday pay? Also you state you left "around 2020". Surely you must be able to reference the actual day you left employment. 
    They acknowledge holiday pay wasn't paid until 2010 as they feel it wasn't a requirement.
  • lincroft1710
    lincroft1710 Posts: 18,943 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    SieIso said:
    I wouldn't expect anything


    Can you prove your wages didn't include anything for holiday pay? Also you state you left "around 2020". Surely you must be able to reference the actual day you left employment. 
    They acknowledge holiday pay wasn't paid until 2010 as they feel it wasn't a requirement.
    So are you saying you were paid holiday pay from 2010 and can you prove you did/did not receive holiday pay from your payslips.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • SieIso
    SieIso Posts: 149 Forumite
    10 Posts First Anniversary Name Dropper
    SieIso said:
    I wouldn't expect anything


    Can you prove your wages didn't include anything for holiday pay? Also you state you left "around 2020". Surely you must be able to reference the actual day you left employment. 
    They acknowledge holiday pay wasn't paid until 2010 as they feel it wasn't a requirement.
    So are you saying you were paid holiday pay from 2010 and can you prove you did/did not receive holiday pay from your payslips.
    From 2010 onwards it was paid but not before.
  • lincroft1710
    lincroft1710 Posts: 18,943 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 15 May 2023 at 4:51PM
    SieIso said:
    SieIso said:
    I wouldn't expect anything


    Can you prove your wages didn't include anything for holiday pay? Also you state you left "around 2020". Surely you must be able to reference the actual day you left employment. 
    They acknowledge holiday pay wasn't paid until 2010 as they feel it wasn't a requirement.
    So are you saying you were paid holiday pay from 2010 and can you prove you did/did not receive holiday pay from your payslips.
    From 2010 onwards it was paid but not before.
    So if the employer now offers you anything, it will be a bonus, as there is no way that they can now be forced to pay holiday pay as the time for making a court or tribunal claim has long passed 
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • Savvy_Sue
    Savvy_Sue Posts: 47,359 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You rejected the offer, yet you're surprised there's nothing in the pension pot? Hmmm. 

    I suspect you are out of time here. If they offer anything, I'd grasp with both hands. 
    Signature removed for peace of mind
  • lincroft1710
    lincroft1710 Posts: 18,943 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Do you have your payslips from 2000 to 2010?
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • SieIso
    SieIso Posts: 149 Forumite
    10 Posts First Anniversary Name Dropper
    Savvy_Sue said:
    You rejected the offer, yet you're surprised there's nothing in the pension pot? Hmmm. 

    I suspect you are out of time here. If they offer anything, I'd grasp with both hands. 
    The offer was accepted reluctantly as it was the only offer that was going to be made.
  • penners324
    penners324 Posts: 3,517 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Report the company to HMRC and the Pensions Regulator.
  • SieIso
    SieIso Posts: 149 Forumite
    10 Posts First Anniversary Name Dropper
    Do you have your payslips from 2000 to 2010?
    They didn't do payslips for anyone until around 2015.
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