Employers duty of care question

penners324

You need your payslip first.

Altior

It's obviously Christmas and New Year. The way it is, but most operations are in a holding pattern during this time. The front line HR won't be making the financial choices anyway, they will be referred. I would give them time to respond when we are back to normal working times in the new year, and tackling their inbox, before entertaining any legal action. Personally. 

Ezio2025

penners324 said:

You need your payslip first.

Got that yesterday 

Ezio2025

Altior said:

It's obviously Christmas and New Year. The way it is, but most operations are in a holding pattern during this time. The front line HR won't be making the financial choices anyway, they will be referred. I would give them time to respond when we are back to normal working times in the new year, and tackling their inbox, before entertaining any legal action. Personally. 

Okay I’ll leave it another week. Thanks 

Savvy_Sue

Ezio2025 said:

penners324 said:

You need your payslip first.

Got that yesterday 

And the Ezio2025 said:

penners324 said:

You need your payslip first.

Got that yesterday 

P45? I would sometimes issue a payslip knowing that a final payment would be due after a colleague had left. Mind you I would TELL them what was happening! 

So it is possible that the final holiday pay will reach you in January, along with the P45.

As for help with LBA and Small Claims, I'd be using Google so that's my advice. You don't need a solicitor for Small Claims. The process might even have a different name now ...

Ezio2025

Savvy_Sue said:

Ezio2025 said:

penners324 said:

You need your payslip first.

Got that yesterday 

And the Ezio2025 said:

penners324 said:

You need your payslip first.

Got that yesterday 

P45? I would sometimes issue a payslip knowing that a final payment would be due after a colleague had left. Mind you I would TELL them what was happening! 

So it is possible that the final holiday pay will reach you in January, along with the P45.

As for help with LBA and Small Claims, I'd be using Google so that's my advice. You don't need a solicitor for Small Claims. The process might even have a different name now ...

The P45 arrived several days before the payslip 

Savvy_Sue

Right, so if the total on the P45 is the same as the Year to Date figure on the final payslip, then it seems the holiday hasn't been paid.

So it's Google for Letter Before Action (LBA), and if that doesn't produce the holiday pay, then it's court. 

Ezio2025

Savvy_Sue said:

Right, so if the total on the P45 is the same as the Year to Date figure on the final payslip, then it seems the holiday hasn't been paid.

So it's Google for Letter Before Action (LBA), and if that doesn't produce the holiday pay, then it's court. 

Okay thanks!

Ezio2025

Ezio2025 said:

Savvy_Sue said:

Right, so if the total on the P45 is the same as the Year to Date figure on the final payslip, then it seems the holiday hasn't been paid.

So it's Google for Letter Before Action (LBA), and if that doesn't produce the holiday pay, then it's court. 

Okay thanks!

The total gross & year to date match on P45 & final payslips. 

So from the information I’ve received here and what I’ve researched myself online the way that I’m gonna proceed with this is -

I have the LBA typed and ready to send. 

If no response is received from the LBA -

The procedure is contacting ACAS for an early conciliation and then filing an employment tribunal claim. 

LightFlare

Ezio2025 said:

Savvy_Sue said:

Do you have that in writing? Letter Before Action then Small Claims Court if you do. 

Yes I have it in writing 

I got it confirmed twice because at first the HR person said 44 hours will be £xx paid &
55 hours holiday would be £xx paid 

when I read the will be would be part I thought clearly that was yet another attempt at trying to mislead me so asked to confirm the amounts stated WILL be paid on the 24th 

Did they ever respond or reply to this point ?

I think you are jumping the gun a little bit.

Pay owed for work done is relatively easy for payroll to calculate

Pay owed for unused annual leave is a touch more complicated. It will involve checking and double checking the figures before payment is made.

Are YOU sure the 55 hours is correct ?
When did your leave year start/finish ?
What was your annual leave entitlement?
How many days leave did you use before leaving?

They may have said in “writing that you are owed 55hrs - but that may change. Nothing they have said (I think) could be classed as legally binding