Holiday pay

[simba412]

I was forced to resign my hotel job on 31st march 2009. My outstanding pay was settled after a month, without holiday pay. I am owed days holiday pay for 4months. I called the manager and was unable to speak to her. I wrote to the manager twice and no reply.

Is there anything I can do to recover my holiday pay?

I am a full time carer looking after my wife.

 

How can I claim my owed holiday pay from this hotel? Or is it too late.

Any help would be appreciated.

 

Thank you.

[cynic09]

A complaint should have been made to the employment tribunal within three months, however an extension is sometimes granted dependant on circumstances

[postggj]

how many days had you worked previous to your resignation

 

its a bit early to be talking of ET and way over time

 

did you file a grievance on the holiday pay

[SarEl]

I was forced to resign my hotel job on 31st march 2009. My outstanding pay was settled after a month, without holiday pay. I am owed days holiday pay for 4months. I called the manager and was unable to speak to her. I wrote to the manager twice and no reply.

Is there anything I can do to recover my holiday pay?

I am a full time carer looking after my wife.

 

How can I claim my owed holiday pay from this hotel? Or is it too late.

Any help would be appreciated.

 

Thank you.

 

Easy. If you can prove that you are owed the money this is a civil debt and you have six years to make a claim for civil debt. It would have to go to a small claims court and you would have to pay court fees - which can be recouped if you win. Have you tried a letter before action first - it may shake loose the payment before having to go through the hassle of a court.

[simba412]

Thank you so much for the advice and I will look into taking civil action now.

 

I worked extra days in december to cover for another member on holiday. I worked night shift. I am owed 5 days holiday pay at £7 per hour.

Any money due means so much to me right now.

My wife was admitted to hospital on 31st march 09 ( MND patient with progressive condition), and I requested time off, I was denied any time off and I resigned. Now a fulltime carer. I spend 24/7 looking after my wife and have little time or time off to go after Emp Trbnl. I understand that route will take long. I just need to recover any money that is owed.

No grievance, just few phone calls and 2 letters, and no reply.

Thanks

[postggj]

what reason was given to refuse special leave or to take leave in lieu

[SarEl]

what reason was given to refuse special leave or to take leave in lieu

 

IT doesn't really matter why it was refused. Since it happened in March 2009 any possible claim connected to the refusal is 18 months out of time.

[simba412]

I was caring for my wife in the day while working night.

Worked in a small hotel, and manned by one staff at night (reception/security/cleaning). When my wife was taken in casualty at around 9pm I called in and informed the duty manager that I cannot work that night. He said will cover till 1am and I must go in to cover the night. While in the hospital he called several times begging me to turn up asap. Eventually, I went in at 2am and stayed till 7am to finish the shift. After 2hrs sleep rushed back to hosp and I had phone call from the GM asking to update what happened. I told him that I would need some immediate time off due to the situation. He wasn't willing to listen and started arguing about not doing the job properly. At that point in time, with what was going in the hospital I simply did not want to argue with the GM. I told him that I am leaving and sent in my resignation. My wife spent 7wks in the hosp (icu) recovering from serious condition. Because of all this, I didn't think of making a complaint and I didn't have the time.

They settled the pay after a month with no holiday pay. After few phone calls and couple of letters I am having no luck getting any reply.

Now as a full time carer with about £50 earning/wk, any money owed is precious to me. I need to recover what is owed.

[Surfer01]

What was your notcie period as per your terms and conditions and did you work during the notice period?

[cynic09]

Small claims would appear to be the way to go IMO

[Surfer01]

If the OP gave notice and never returned to work to work out the notice period, then the employer may be entitled to with hold the holiday pay. Alterantively the employer could pay it then sue the ex-employeed for the week's notice if they were paid weekely. the OP needs to clarify this point.

[cynic09]

The employer withholding holiday pay without written consent would be making an unlawful deduction from wages in terms of the 1996 Act

[SarEl]

If the OP gave notice and never returned to work to work out the notice period, then the employer may be entitled to with hold the holiday pay. Alterantively the employer could pay it then sue the ex-employeed for the week's notice if they were paid weekely. the OP needs to clarify this point.

 

Cynic09 is correct. There are no circumstances in which an employer is justified in witholding wages without a signed an enforceable agreement. The employer can only sue or counter sue to failure to work notice if they can evidence and quantifiable loss to the employer.

[simba412]

The notice period was 1 week. With the situation that I was in I needed time off and the GM wasn't even prepared to hear me. I had no choice but to resign with immediate effect. The night was staffed by one person, allowing time off meant GM had to get someone from the agency or engage someone else from within which wasn't easy. Caring for an unwell person I had crisis in my hand and had to deal with it.

I will look into small claims and hopefully will have luck.

 

Very helpful support and I will make a small contribution to CAG.

Thank you.

[SarEl]

GM had to get someone from the agency or engage someone else from within which wasn't easy. .

 

 

Caution - that could make a difference!If they engaged an agency worker there may well be a cause to countersue you for those costs! In which case I am sorry but I would advise you to forget it. You might end up loosing and owing them money.

[cynic09]

I'm Inclined to agree with SarEl, The additional cost to the employer may well encourage him to counter sue, you could well win a couple of hundred to lose a thousand

[simba412]

Not sure if I fully agree with this.

Well, I think every employer has a responsibility to have some contingency or back up in a situation when one man shift becomes unmanned. If one is run over buy a car or taken ill for long term. they cannot sue them.

Here, in my case I had an emergency and requested for time off, because I simply would not be able to cope with night work and not able to sleep in the day. There was no irresponsible action on my part.

[SarEl]

Not sure if I fully agree with this.

Well, I think every employer has a responsibility to have some contingency or back up in a situation when one man shift becomes unmanned. If one is run over buy a car or taken ill for long term. they cannot sue them.

Here, in my case I had an emergency and requested for time off, because I simply would not be able to cope with night work and not able to sleep in the day. There was no irresponsible action on my part.

 

Sorry - it doesn't matter what you think. The only thing that matters is what the law thinks. And if you left without working your notice, regardless of the reason or how good it is, the law thinks that you are in breach of contract. Which you were. The law does not require the employer to have a contingency plan for people breaking their contracts. If there was a quantifibale loos incurred as a result of bringing in an agency worker, then you can be countrersued - and make no mistake, the employer will win. I guarantee that. You were not run over or taken ill - you left without serving your notice of your own free will, and the law will not (because it cannot) take into account your circumstances. I am warning you, as a barrister of some 30 years standing - you are in peril of being countersued and in your employers position that is exactly what I would do. 4 days holiday pay from two years ago is not worth that risk.

[cynic09]

As an employer I agree with you, however there are many kinds of employers around, not all of them feel bound by the law. Your chap has already seen fit to help himself to your holiday pay.

It doesn't really matter what we think of the morality of the situation, what does matter is what you can convince a judge of, and that applies equally to both sides.

In this case you already potentially have to explain to a judge, why you are in front of him instead of the employment tribunal. That said it's possible your former employer may settle prior to actually appearing in court. which is probably the best you can hope for in the circumstances

[Surfer01]

I agree with SarEl on this one and you may at the end of the day end up the loser as they had to employ temporary staff. I would write a preliminary letter and if no answer, follow it up with a Letter of Demand quoting relevant law, but if they fail to respond, I would let it go.