Final pay wrong?

HairyHagrid

Hi everyone,
I was hoping your calm eyes could be cast over my situation to check the figures and facts please. I have checked out the ACAS website and am still fuming.

I started work on 16/09/25 and was told I was sacked on 05/11/25. I had taken one day holiday on 10/10/25. I started on £15.00/hour and from 06/10/25 I was on £16.50/hour. I was on a set pay: 8.5 hours a day, Monday-Friday.  

My P45 is on the company's HR app but now I can only access payslips and P60's so I don't know what they are saying my last day was. My Statement of Particulars says that after one months service the Notice Period is two weeks. Nowhere in that or the Employee Handbook does it state when the Notice Period starts. According to ACAS guidelines, if it's not stated in the contract and it's verbal notice then the Notice Period starts the day after being told. I have put the information into the government holiday entitlement checker and it showed that I was entitled to a total of 5 days for 16/09/25 to 20/11/25. I have calculated that my total payment should be for 433.5 units or 51 days. After totalling the number of units (hours worked) from my pay slips I have been paid for 365.5 units or 43 days.

The side of the business I worked in was all the opposite sex, an environment I have worked in for over 35 years. I understood my direct manager was the Managing Director (person A) also the opposite sex. One of the people in my office (person seemed to take umbrage at my presence (I have examples.) Part of my job was to improve the flow of statutory documents being delivered to the customer. Person B had found some software that might help and wanted me to check out a free trial. So I did. Amongst other problems, Suppliers' and customers' names and addresses had to be 'approved' by the software company and customers' data could be viewed by anybody else who has bought the software. In their terms and conditions it also stated the users passwords would be ascertained no more than once a quarter. On, what turned out to be my last Friday, I voiced my concerns about this to Person B and they said I was being awkward. The following Wednesday on my immediate arrival at work, I was told to attend a meeting with Person B and Person A there and then. They said I wasn't fitting in and that I was awkward. I asked Person B how they would deal somebody who was 'awkward'. They gave two examples of how they have dealt with them; told them of the improvements given them chance to change. I asked if they would do that with me and Person B said no. Person A told me I didn't have to work my notice and escorted me off the premises.

I been through the Employment Handbook and one of the people at ACAS said because it is 'Short Service' they can do that and proving wrongful dismissal and sexual discrimination would be difficult. Is this the case but more importantly have I been paid as per contract?

Any pointers would be greatly appreciated.

Exodi

Sorry, I'm not clear on why you think you were sexually discriminated against?

I could see early on you were angling that way by drawing attention to the particular sexes of your colleagues, but I can't see evidence of where it has occurred. It sounds like you were being dismissed for being 'awkward' (as they put it).

I'd agree with ACAS that as it is short service (aka less than 2 years) you can be dismissed for little or no reason at all (as long as the reason isn't discriminatory). You have described the issue that likely lead to your dismissal, which is unrelated to sex.

It's also a very serious thing to allege, you shouldn't consider it so nonchalantly. It sounds like it's better for you both you have left (and it sounds like you were paid for your notice without needing to work it, which is good for you).

HairyHagrid

Thanks Exodi. Just noticed that an emoji has appeared in my post but I didn't insert it - ? I appreciate your thoughts. There's too much to put in the first post as to sexual discrimination and I understand it's one word against another.
My main point is I don't think they have paid the full notice or the full holiday entitlement. I believe I've not been paid for what totals 8 days - £1122.00 gross pay. From the dates given is this correct?

noitsnotme

HairyHagrid said:

Thanks Exodi. Just noticed that an emoji has appeared in my post but I didn't insert it - ? I appreciate your thoughts. There's too much to put in the first post as to sexual discrimination and I understand it's one word against another.
My main point is I don't think they have paid the full notice or the full holiday entitlement. I believe I've not been paid for what totals 8 days - £1122.00 gross pay. From the dates given is this correct?

That particular emoji is automatically created when you type B immediately followed by a )

B+) =

saajan_12

HairyHagrid said:

I started work on 16/09/25 and was told I was sacked on 05/11/25. I had taken one day holiday on 10/10/25. I started on £15.00/hour and from 06/10/25 I was on £16.50/hour. I was on a set pay: 8.5 hours a day, Monday-Friday.  

My P45 is on the company's HR app but now I can only access payslips and P60's so I don't know what they are saying my last day was. My Statement of Particulars says that after one months service the Notice Period is two weeks. Nowhere in that or the Employee Handbook does it state when the Notice Period starts. According to ACAS guidelines, if it's not stated in the contract and it's verbal notice then the Notice Period starts the day after being told. I have put the information into the government holiday entitlement checker and it showed that I was entitled to a total of 5 days for 16/09/25 to 20/11/25. I have calculated that my total payment should be for 433.5 units or 51 days. After totalling the number of units (hours worked) from my pay slips I have been paid for 365.5 units or 43 days.

.

Two questions: are you sure the notice period was 2 weeks even during probation / first year? Often is reduced. If it is 2 weeks starting on the 6th, then that take you to 19th Sept (not 20th). 

When was your actual last day in the office? The employer can designate when you use your holidays which could have been 13->19 Sept. It doesn't have to be additional to your notice if you didn't work the notice. 

That would make it 47 days total, or lower if you had a shorter notice initially. 

HairyHagrid

Yes, 2 weeks. In my Statement of Particulars, "If you have in excess of one month's service but are within your first three years of service - two weeks" and sorry, yes, 2 weeks would take it to 19th.

My last day in the office was 5th Nov. The employer did not designate my holidays to me before the 5th Nov. Can they just 'steal' the holiday entitlement back?

saajan_12

HairyHagrid said:

Yes, 2 weeks. In my Statement of Particulars, "If you have in excess of one month's service but are within your first three years of service - two weeks" and sorry, yes, 2 weeks would take it to 19th.

My last day in the office was 5th Nov. The employer did not designate my holidays to me before the 5th Nov. Can they just 'steal' the holiday entitlement back?

No, but if they were instructing you to not work but be paid for the days after 6th Nov, then that's effectively giving you more holiday than they needed to. Nothings being stolen, you just were never entitled to notice without working PLUS holiday. 

HairyHagrid

Ok, so if holidays aren't accrued in the notice period then that takes it to 4 days (16th Sept to 5th Nov) I took one day so that leaves 3 days holiday.
So should total gross pay equal 47 days + 3 days holiday owed = 50 days?

Isthisforreal99

HairyHagrid said:

Ok, so if holidays aren't accrued in the notice period then that takes it to 4 days (16th Sept to 5th Nov) I took one day so that leaves 3 days holiday.
So should total gross pay equal 47 days + 3 days holiday owed = 50 days?

How do you arrive at the 4 days holiday due? What would be a full 12 months holiday due?

HairyHagrid

I used the gov.uk/calculate-your-holiday-entitlement website. Full 12 months holiday was 28 days. Holiday year ran from 1st Jan to 31st Dec.

Isthisforreal99

HairyHagrid said:

I used the gov.uk/calculate-your-holiday-entitlement website. Full 12 months holiday was 28 days. Holiday year ran from 1st Jan to 31st Dec.

The 28 days can include bank holidays.