i worked for my previous employer for 5 months and have now quit, i thought that i would get some holiday money as i only took 1 day but my employer says he owes me nothing cause i didnt do my weeks notice is this true?
2006-12-04 03:09:06 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
speak to acas
2006-12-04 03:16:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You gain holidays at a pro-rata rate throughout the year. Therefore, you need to know how many days you would have got had you been there all year then calculate how many you should have had for five months by dividing that number by 12 and times it by 5.
You will then need to deduct the one day that you did take and then that is the amount of holiday you had left. Now if you left the job without giving the required one week's notice and the remaining holiday you had left was less than 5 days then I think your employer is right. If, however, the remaining holiday entitlement is greater than 5 days, then you should be able to claim the remaining holiday pay.
EG If you are entitled to 24 days holiday per year, divide by 12 and times by 5 = 10 days. 10 days less the one you took = 9 days. Take off 5 days for the week's notice you didn't give = 4 days.
Check you contract as well to see whether in not giving notice you forfeited your right to holiday pay. If not, and he still refuses to pay you the difference, this is classed as an illegal deduction of earnings and can be subject of an employment tribunal. If you feel you may have a case, go to your local Citizens' Advice Bureau who can help you. Please note though that you only have 3 months from the date of the infringement, ie in this case your payday, to bring a case or they won't even consider it, no matter how valid your claim is.
2006-12-04 11:19:24 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In the UK it's a legal requirment to get x amount of holiday, but I have heard that this can be waived in certain cases.
Depending on how much holiday you're entitled to, they can certainly take your notice period off your holiday entitlement if you didn't work it.
2006-12-04 11:18:33 · answer #3 · answered by - 5 · 0⤊ 0⤋
If you didnt work your notice, then he is right. You should always always always work your notice. You are lucky you got your last salary paid, never mind holiday pay!!!
You are in breach of contract by not working your notice, he could sue you for that. Id stop hassing him if I were you, it wont help you get a reference in the future.
2006-12-04 12:15:10 · answer #4 · answered by OriginalBubble 6 · 1⤊ 0⤋
Vacation or Holiday time is a benefit, not a right. In the US they are not required to pay it, even if you give notice.
2006-12-04 11:12:49 · answer #5 · answered by Aggie80 5 · 0⤊ 0⤋
they owe you nothing sorry its how the system works
2006-12-04 11:17:01 · answer #6 · answered by topgunpilot22 4 · 0⤊ 0⤋
its true they don't have to pay u anything if they fired you they might have to but its at there discretion
2006-12-04 11:18:25 · answer #7 · answered by carleighnaghten 2 · 0⤊ 0⤋