Jump to content
teca

please help ex employer withhold last pay because of ovretaken holidays

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3580 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi guys please listen to this!!!!!

I have resigned my previous employment were I worked since January without a contract, I was working by shifts and I was being paid at the end of each week, I had 4 weeks of holidays (being 20 days) during the 9 months I was there.

To resign in October 10 I gave a week notice considered a reasonable amount of time by the employer, by the end of the week I wasn’t pay and I was deducted 2 weeks of pay because of overtaken holidays, of course my week payment wasn’t enough to cover, as a mater of fact my ex employer tells me that I own him money and I should come to work, even after he given me my p45, a couple more days with no pay our payslip.

Question: if a contract does not exist doesnt the holiday year starts from the first day of employment? If so am I not entitle for 3weeks holiday?

Question: am I in any obligation to continuo to work for this individual knowing that I will not get paid until is interests are met.

Appreciate an opinion

Regards

Share this post


Link to post
Share on other sites

I'm no expert but i think you were entitled to about 10 days holiday leave for the time you worked there, someone else will be along shortly to correct me if i'm wrong


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

Share this post


Link to post
Share on other sites

I make it closer to 12 days (assuming bank holidays were not working days), but obviously it depends on exactly when the OP started in January and when they left in September. But it is certain that if the OP took 4 weeks annual leave (not including bank holidays) and the annual leave entitlement is 28 days including bank holidays, then the OP has been overpaid.

 

The employer cannot force you to return to work and work unpaid - but if you owe them money (and it would appear that you do) they can sue you for it, if they are so inclined, and you will end up owing for court and legal costs too. I would advise that you ask the employer for a full explanation of what holiday has been overtaken, how this was calculated, and what you owe them - and if you owe them money then make arrangements to repay it.


--------------------------------------------------------------------------------------------------------------------------------------------------------------------

I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------

Share this post


Link to post
Share on other sites

I did say ABOUT 10 days, obviously without knowing exact dates one can't be precise

I did however know he/she was not entitled to 3 weeks lol


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

Share this post


Link to post
Share on other sites

Hello. I put a reply on your duplicate thread, but I think you may already have your answers on this thread.

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

dupethread removed

 

dx

siteteam


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Most contracts of employment include a clause stating that the employer will be reimbursed for overtaken holiday entitlement. This is a sensible precaution because of section 14(4) of the Working time regulations.

 

http://www.legislation.gov.uk/uksi/1998/1833/regulation/14/made

 

This provides the circumstances under which an employer can claim or withhold payment for overtaken holiday.

 

However, in the absence of any such agreement the employer is not entitled to be reimbursed.

In your shoes I would be asking for my money back.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...