Working notice period - employer delaying pay of week in lieu and holiday pay

[mindriot]

Hi folks, not been on in a while.

 

Got a question essentially about when final sums and accrued holiday pay are payable on/after leaving an employer.

 

To give some details.

 

My employer cuts off the last working week of the month so they can use an external payroll company to calculate pay, leading in effect to a week lying on - so that the last week of a month falls into the following months pay period.

 

I started mid march, and gave notice on 17/07/14 (last day of work 25/07/14) with the July payroll cut off being 18/07/14 and payable on 27/07/14.

 

I am owed 4.8 days holiday which has been rounded up to 5 days, this will be paid to me also.

 

My employer claims that due to the cut-off for payroll, they cannot/will not pay me my final weeks pay for the lie week and the sum owed for holiday pay until the next payroll period at the end of August. Ive tried disagreeing with this but they're not moving on the matter.

 

I also don't like the idea of having to wait at least a month for a P45 when I start with a new employer on 26/07/14.

 

I know the rules state that pay owed and accrued holidays owed are payable upon leaving, but can they get away with delaying as described or are they just mucking me about to save having to pay their payroll provider to make out of schedule corrections?

 

I tried contacting the CAB about this but the advisor wasn't able to answer definitively and the number they referred to me for 15m free employment law advice thus far goes to answer and despite leaving a message no return contact yet.

 

Id like to go back at them asap if they're wrong as I have 3 days left until leaving so any clarification would be appreciated.

[Emmzzi]

Next pay cycle date would be entirely normal.

 

You can also use a P46, not 45, with new job, which you fill in yourself.

[mindriot]

Thanks for replying.

 

I understand it might be normal but is it right, in the sense of when Im entitled to receive?

 

Got a tough month financially changing jobs and no real funds in hand to buffer things, was unemployed for a while before starting current job and Im still coping with arrears on bills etc. If I am entitled to the money upon leaving that is when I really need it.

 

Changing work as the current job is beyond a joke physically and tasks wise and vastly different from what was described upon hiring.

[ericsbrother]

What does your employment contract actually say? If there is an absolute entitlement to the pay by a certain date then you can inform them that the late payment will cause you a loss by way of bank charges etc and you can recover those costs directly caused by their breach of contract and expect them to pay them.

They may well agree to this or raise a cheque to pay you on time. If they dont you can sue them for your costs incurred by their actions. They wont want to go to court for a fiver (plus significant costs for them) so may well offer something as recompense.

[mindriot]

No contract, one was promised but was never forthcoming.

 

I raised the issue recently and was given an apology they "forgot" to issue one, many other employees have never seen theirs or received pay revue dates etc.

 

It seems after further talking to CAB that they can indeed delay like this as its a normal pay cycle and they arent actually witholding or refusing technically, certainly Ive been advised theres nothing written specifically about exact time periods, only monies are due upon leaving but nothings covered on exact timing.

 

Stuff them, Ive been offered an earlier start date of Fri instead of Sat by new employer, and for a better first site/job, seeing as Ive never seen a contract working short notice and then cutting that short gives me no pause for remorse, as of today and tomorrow Im "ill" which will see out my notice. Itss half true, Ive been suffering symptoms of repetetive muscle strain in both forearms since doing this work.

 

I certainly need the rest cant go from a heavy late shift to a new job early shift next day Ill look and perform terrible so day off today!

 

I have an exemplary record with this employer, Ive gone way over and above what is required so the utter lack of goodwill leaves me with no reservations about terminating like this.

 

If they then cause me problems end of August theyre for it as they will then be in breach.

 

Ill just have to wait and see, as its technically money now or money later at this point and a financial gain at the end of next month will be useful instead.

 

Thanks for the advice.

Edited July 24, 2014 by mindriot

[ssparks2003]

just be aware, A lot of companies only offer SSP if you go off sick in your notice period