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Resignation and Holiday Pay
laurenmariewiddowson
Posts: 3 Newbie
Hi All - this is my first post, so please be gentle!
I'm looking for a little bit of employment advice if possible.
I began a job on 1st March 2016. This was a sales position with a basic salary and commission on gross profit. During my interview - for which another member of staff was a witness - a car allowance of 300-350 pm was discussed. Once I accepted the role I was told this allowance was 'included' in my salary. I wasn't happy about the situation but I let it ride.
I never signed a contract.
Whilst I enjoyed the role, during my time there several issues arose. Sales were down prior to my joining the company and for 3 months of my time there (I resigned on 1st December) I was the only person bringing any money into the business. Cash flow was in dire straits, Expenses which were supposed to be paid weekly took 4-6 weeks to be paid. Wages were sometimes paid late. Commission payments were not forthcoming. We became aware (it being a very small company) that the company was not paying VAT or PAYE and that HMRC were chasing for the money - in fact an officer arrived unannounced one day!
On 1st December I was called into a meeting which essentially gave me two choices: cash flow was so poor that I could either go on a commission only 'contract' or I could resign with immediate effect. The only other sales person is a relative of the director/owner so I am almost 100% sure I would be the only one taking a hit. In my industry December and January are recognised as quiet, prospecting months. I chose to resign with immediate effect rather than work for free.
I had 8 days remaining annual leave - which ran April - March.
In lieu of a formal contract what chance do I have of claiming these outstanding holiday days? How will my resignation with immediate effect affect that? Bare in mind I was not given an option to work any notice.
An additional point:
I attended a networking event from 6:30am to 9am every Wednesday morning for the business. I was never given these hours back in lieu, and as things were amicable, I never asked for them back. Am I entitled to claim for these hours?
Many thanks in advance
I'm looking for a little bit of employment advice if possible.
I began a job on 1st March 2016. This was a sales position with a basic salary and commission on gross profit. During my interview - for which another member of staff was a witness - a car allowance of 300-350 pm was discussed. Once I accepted the role I was told this allowance was 'included' in my salary. I wasn't happy about the situation but I let it ride.
I never signed a contract.
Whilst I enjoyed the role, during my time there several issues arose. Sales were down prior to my joining the company and for 3 months of my time there (I resigned on 1st December) I was the only person bringing any money into the business. Cash flow was in dire straits, Expenses which were supposed to be paid weekly took 4-6 weeks to be paid. Wages were sometimes paid late. Commission payments were not forthcoming. We became aware (it being a very small company) that the company was not paying VAT or PAYE and that HMRC were chasing for the money - in fact an officer arrived unannounced one day!
On 1st December I was called into a meeting which essentially gave me two choices: cash flow was so poor that I could either go on a commission only 'contract' or I could resign with immediate effect. The only other sales person is a relative of the director/owner so I am almost 100% sure I would be the only one taking a hit. In my industry December and January are recognised as quiet, prospecting months. I chose to resign with immediate effect rather than work for free.
I had 8 days remaining annual leave - which ran April - March.
In lieu of a formal contract what chance do I have of claiming these outstanding holiday days? How will my resignation with immediate effect affect that? Bare in mind I was not given an option to work any notice.
An additional point:
I attended a networking event from 6:30am to 9am every Wednesday morning for the business. I was never given these hours back in lieu, and as things were amicable, I never asked for them back. Am I entitled to claim for these hours?
Many thanks in advance
0
Comments
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Sounds like an absolute omnishambles to me, and I'm sorry this has happened to you.
They've broken the law by not giving you written particulars of employment within two months of your start date before we even start on the rest. I think you should seek legal advice here.
Good look
“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0 -
Seeking legal advice may be recommended, BUT if they aren't paying HMRC, and your wages were sometimes late, then the writing is probably on the wall here!0
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How many days leave have you took since April? Your allocation is only for the period from April until Dec1stBe Alert..........Britain needs lerts.0
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paddedjohn wrote: »How many days leave have you took since April? Your allocation is only for the period from April until Dec1st
Very good point, he didnt think of that. I would also be very interested to know the outcome of this.Sometimes my advice may not be great, but I'm not perfect and I do try my best. Please take this into account.0 -
Sounds like an absolute omnishambles to me, and I'm sorry this has happened to you.
They've broken the law by not giving you written particulars of employment within two months of your start date before we even start on the rest. I think you should seek legal advice here.
Good look
Yes, they have. However you can no longer bring a tribunal claim for this failing alone. You can only add it on to some other valid claim. Even then there is no longer an automatic award for this failing although a tribunal can award up to two weeks pay at their discretion.0 -
I had 20 days holiday plus bank holiday and I have 8 days remaining. Is anyone able to calculate exactly how many I have accrued please?
My rough calculations come out at 18.8 days which taking off my 12 days taken would leave me with 6.8 days?0 -
If you worked 1st March to 30th November you would be entitled to 9/12ths of your annual entitlement.Make £2025 in 2025
Prolific £617.02, Octopoints £5.20, TCB £398.58, Tesco Clubcard challenges £89.90, Misc Sales £321, Airtime £60, Shopmium £26.60, Everup £24.91 Zopa CB £30
Total (4/9/25) £1573.21/£2025 77%
Make £2024 in 2024
Prolific £907.37, Chase Int £59.97, Chase roundup int £3.55, Chase CB £122.88, Roadkill £1.30, Octopus ref £50, Octopoints £70.46, TCB £112.03, Shopmium £3, Iceland £4, Ipsos £20, Misc Sales £55.44Total £1410/£2024 70%Make £2023 in 2023 Total: £2606.33/£2023 128.8%0 -
28 days prorata then take of the 12 you have taken and any BH not included in the 12.
April to Nov 8month say 8/12 * 28 18.7 days (might come out a bit different if done in weeks)
less 12taken 6.7days
3BH could be 3.7 days due0 -
April to Dec is 175 working days, minus the 12 you took and the 3 bank hols that you poss took leaves 160 days worked to earn holiday.
160x12.07%=19.31 days holiday accrued, minus the 15 taken if you did have the bank hols on top of the 12 leaves 4.31 due.Be Alert..........Britain needs lerts.0 -
paddedjohn wrote: »April to Dec is 175 working days, minus the 12 you took and the 3 bank hols that you poss took leaves 160 days worked to earn holiday.
160x12.07%=19.31 days holiday accrued, minus the 15 taken if you did have the bank hols on top of the 12 leaves 4.31 due.
No.
You still "earn" holiday even on the days you are on holiday!
So, your calculation should be 175 x 12.07% to calculate the total entitlement. Then you deduct the holiday already taken to work out how many are left.
So, I make it 21.12 days accrued less however many have been taken.0
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