Proceedings to demand holiday pay owed?

FlorayG

I've posted before about my friend and her appalling employer. Well, now she has a new job and is out of there, but when she got her final pay and eventually the payslip which they didn't send until she requested it, there was no holiday pay on it. She has an email from them stating she can take 5 days holiday during her notice period and the rest will be paid.
She sent the nice " I think there is a mistake" email on Monday and they haven't even responded. 
What is the process please for getting this rectified when they don't even respond to her?

Also, while her contract did say she could be charged for the cost of training if she left, she did the training online and was not paid whilst doing it, so can they really charge her £250 for it?

General_Grant

FlorayG said:

I've posted before about my friend and her appalling employer. Well, now she has a new job and is out of there, but when she got her final pay and eventually the payslip which they didn't send until she requested it, there was no holiday pay on it. She has an email from them stating she can take 5 days holiday during her notice period and the rest will be paid.
She sent the nice " I think there is a mistake" email on Monday and they haven't even responded. 
What is the process please for getting this rectified when they don't even respond to her?

Also, while her contract did say she could be charged for the cost of training if she left, she did the training online and was not paid whilst doing it, so can they really charge her £250 for it?

As I read your post she is now in her new job?
Did she work any or all of her notice period?

If 5 days was her holiday accrued up to the last day of employment, then it should be both the 5 days holiday and the rest of her notice period which should be paid.

FlorayG

She worked her notice except for 5 days holiday they let her take. She has a new job now. She accrued 12 days holiday
...and that's my point, they haven't paid her any holiday pay. She tells me other people that work there took holiday and were not paid for it

Undervalued

FlorayG said:

I've posted before about my friend and her appalling employer. Well, now she has a new job and is out of there, but when she got her final pay and eventually the payslip which they didn't send until she requested it, there was no holiday pay on it. She has an email from them stating she can take 5 days holiday during her notice period and the rest will be paid.
She sent the nice " I think there is a mistake" email on Monday and they haven't even responded. 
What is the process please for getting this rectified when they don't even respond to her?

Also, while her contract did say she could be charged for the cost of training if she left, she did the training online and was not paid whilst doing it, so can they really charge her £250 for it?

For non payment of wages (or holiday) there are two options, either via ACAS and then if necessary an employment tribunal or directly in the small claims court.

An ACAS / ET claim must be lodged within 3 months of leaving (with very few exceptions). There are no fees to pay.

In the small claims court she would have to pay a small(ish) fee up front to file her claim. Assuming she wins this amount would be added to the amount the employer is ordered to pay. Should she lose her case (or win but be unable to actually get payment) she would lose the fee. However the time limit to bring a claim is six years (five in Scotland).

I would suggest she speaks to ACAS informally first.

penners324

Has she got her p45?

Sounds the more important issue 

Hoenir

The remaining holiday pay may well arrive this month. Too early to be processed in the September payroll run. Company's generally have quite early cut-off's.