Pay in lieu of notice (xmas period)

[xkwisit2001]

Hi there I finished my last job on Thurs 19th December 2013 with one week's notice paid out. This notice fell between two bank holidays (Weds 25th and Thurs 26th)

 

My employer decided that I left on gardening leave for that 1 week as I left to work for a competitor. I would have had those 2 days off paid if I had worked that week

 

Would that mean I am only eligible to be paid 3 days (20th, 23rd and 24th) and miss out on the other 2 days (25th and 26th) or should I have gotten paid for those two bank holidays?.......

 

I ask as I have not been paid anything from my last employer even though I had a weeks notice and had 3 days holiday pay left. Their excuse for not paying me was because I was overpaid for the month which was paid out on 23rd Dec but if I add the 5 day notice from when I left and the extra 3 days holiday to that then I should be paid for 2 days holiday. I.e (20th, 23rd,24th,27th and 30th would have been my weeks notice and then 1 of my 3 holidays that I had left would have been used for the 31st), Am I correct or are they not obliged to pay for bank holidays?

[honeybee13]

Hello and welcome to CAG.

 

Have you asked them to put their calculations on paper so you can check if you think they're accurate?

 

My best, HB

[Emmzzi]

Hello!

 

You need to look at your contract. What is the exact wording on holidays please?

[ericsbrother]

a lot of it depends on when your notice period expired. If it was until the 26th then you get paid for the statutory public holiday even though it wasnt possible to work that day. You were still employed by them so they are responsible for holiday pay.

If you started your new job on the (say) 20th, within the notice period but using contractual holiday entitlement you were strictly speaking probably in breach of your employment terms as most employers ay that they shall be your sole employer without permission to work otherwise. Read through your employment terms to be sure of this point.

Bank holidays are slightly different and the 31st isnt one anyway.