Unfair dismissal holiday pay

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Comments

  • Undervalued
    Undervalued Posts: 8,840 Forumite
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    edited 26 October 2023 at 10:04AM
    Drakes01 said:
    Hi everyone bit of a weird one,I’ve worked part time for 3 years 16 hours a week for an employer,I never received a contract even tho asking on numerous occasions,also I’ve never received any holiday pay simply stating we don’t pay holiday pay,I have every pay slip for the 3 years but never any deductions for holiday pay just basic 16hrs at minimum wage,yet when I have taken time off for holiday and asked for pay I’ve being refused,yet a pay slip is issued for the time off showing 16hrs but no money is paid to me,why would they issue a pay slip if not paying me,also while I kept asking about this I was suddenly deemed a problem and sacked on the spot no warning or disaplinery 
    yes you might ask why have I taken this long to sort this or leave I needed the job and felt intimidate to stay any advice would be great
    When were you dismissed? 

    There is normally a strict time limit of three months in which to file a tribunal claim for unfair dismissal and very few exceptions are granted. 

    As other have suggested, you need to confirm if you were getting "rolled up" holiday pay, i.e 12.07% extra included in your wages.

    Unless you were guilty of gross misconduct you are also entitled to at least a week's notice of dismissal or pay in lieu.

    Yes, proper process should have been followed and yes your are theoretically entitled to a written statement of the reason for your dismissal. However these days there is little if any redress for purely technical points if there was still a lawful reason for the dismissal. If there wasn't and your claim is still in time it may be possible to obtain some compensation.

    Even if out of time for a tribunal claim you could still make a claim for the unpaid holiday money and notice pay only in the county court, where the time limit is six years (five in Scotland).
  • Drakes01
    Drakes01 Posts: 11 Forumite
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    Thanks all for the responses I have spoken to ACAS and started a claim I was only dismissed 4 weeks ago
  • penners324
    penners324 Posts: 2,706 Forumite
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    Is your pay there showing in your online HMRC account?
  • penners324
    penners324 Posts: 2,706 Forumite
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    Drakes01 said:
    I’ve not totaled up my slips and checked between the amounts,but as my wage slips show I’ve never taken any holidays all are just showing 16hrs at basic pay,even the weeks I have taken off the wage slips are just showing basic pay as if I have worked even tho I didn’t get payed for that week,so no deductions ever for holiday pay on any wage slips,so as far as anyone would say looking at my wage slips is you never took any holidays 

    ps I forgot to add all other employees have the same situation as in they never had any holiday pay but a wage slip at 16hrs basic pay when they take time off but never paid this amount 
    Then the employer is breaking the law. Complain to HMRC and start an Employment Tribunal 
  • JCS1
    JCS1 Posts: 5,286 Forumite
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    Drakes01 said:
    I’ve not totaled up my slips and checked between the amounts,but as my wage slips show I’ve never taken any holidays all are just showing 16hrs at basic pay,even the weeks I have taken off the wage slips are just showing basic pay as if I have worked even tho I didn’t get payed for that week,so no deductions ever for holiday pay on any wage slips,so as far as anyone would say looking at my wage slips is you never took any holidays 

    ps I forgot to add all other employees have the same situation as in they never had any holiday pay but a wage slip at 16hrs basic pay when they take time off but never paid this amount 
    Then the employer is breaking the law. Complain to HMRC and start an Employment Tribunal 
    After of course exhausting the employers grievance procedure and also going through ACAS early conciliation.  
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