I`ve been fired! (that`s the good news) the bad news is...?

Question

our accountant is struggling to give me a direct yes/no answer to my question whether I am or am not entitled to receive my (unused) holiday pay (I have worked for the company for 5 months and have not used my holiday). Accountant said he has to check laws on this one! gosh! I am sure this is not the 1st case of employment termination in the history of company, so does this mean none ever asked them the right questions?? I dont want to be fooled. it`s not the matter of money, it`s the matter of the company being unfair! wat do i do? what legislation acts i can quote to make them reconsider their policy???

Answer 1

In the Uk you are entitled to be paid for your holiday. See this link
http://www.acas.gov.uk/index.aspx?articleid=806

Answer 2

The company being unfair? You quit (or got fired, as it were) 5 months into the job. Where I come from, leave falls due after working for 1 year. Maybe it's different there. But what you're not saying is what you did. It is very unlikely that they fired you 5 months into the job for fun... probation usually takes 3 months, after which they take you on or ask you to take a hike. If you slept with the boss's wife, which I suspect you did, then don't even bother seeking redress mate.

Answer 3

In almost every industrialized nation on earth, employers are required by law to give employees paid time off. But in the United States (and China) there is no requirement for employers to give their employees any vacation at all – paid or otherwise. There is also no legal definition of what constitutes “paid vacation”. If your employer provides paid vacation at all, they can set the rate of pay you receive during your time off at any pay rate they choose. You can even be paid below minimum wage when on vacation since minimum wage law only pertains to hours that you actually worked.

Fortunately, despite the fact that they are not mandated by law, paid vacations are now a fairly common employment benefit, particularly for full-time employees. We have unions, or actually fear of unions, to thank: the paid vacation concept was introduced in the United States by employers seeking to prevent unionization by their workforce.
Your employment contract will stipulate how much paid vacation time you get, if any. A typical amount is two weeks a year, and is usually considered separate from holidays, sick leave, and family leave.

Answer 4

Under the applicable provisions of labor laws, unused holiday leave when not enjoyed until separation from work is not compensable except when there is a provision in the collective bargaining agreement between the union and employer.

Answer 5

Under the Working Time Regulations 1998 you are legally entitled to be paid accrued but untaken holiday pay.

Answer 6

You didn't say where you're from but every country has an Employment Act so you should check it out. However if you signed an employment contract, that takes precedence. Some contracts stipulate that if you leave before you've worked, say, 6 months, you don't get pro-rated bonus and you can't encash pro-rated leave, etc, so it's important that you read your employment contract/letter very carefully.

Answer 7

Find a local solicitor who does a free half hour clinic and seek advice that way. You are likely to receive all manner of answers on here but a solicitor is your best bet.
Best wishes, Mike.

Answer 8

what were you fired for? was it something that bad that deserved instant termination? if not you should have had a verbal , written, and then final written? if you didn't deserve to be fired take them to a tribunal for unfair dismissal? however if you did deserve to be fired i think you will have wavered your rights to any holiday money?

Answer 9

You could check at the Citizens Advice Bureau, whatever happens good luck!!

Answer 10

I believe you should get your unused holiday pay. It might depend on what you were fired for though.