Ex-employer claiming I'm not owed some holiday

[mixedspices]

Hello nice people of CAG forum,

 

I finished with my previous employer on 5th June, having worked the full week.

 

When querying another aspect of my final payslip, I mentioned that I had not been paid for the holiday I'd accrued in the first week of June (half a day). Just to be clear, I definitely didn't take more holiday than I was owed.

 

The response I've received from HR is that "there is no entitlement for June because I left at the beginning of the month".

 

There is nothing in my terms or the staff handbook to say that I only accrue holiday per full month completed - in any case I don't think that would be legally if they tried?

 

Any advice as to whether they are correct would be greatly appreciated.

[Dookist]

My employers failed to pay me for a whole annual leave of more than four weeks because I left before the end of the financial year… I started the employment in July, left in October and they won't pay me anything at all, saying I would have to work until the following April, a total of 21 months before they will pay my annual leave… I am still fighting it. There was nothing in the contract that said the holiday year started in April, either…

Let me know how you get on...

[mixedspices]

My employers failed to pay me for a whole annual leave of more than four weeks because I left before the end of the financial year… I started the employment in July, left in October and they won't pay me anything at all, saying I would have to work until the following April, a total of 21 months before they will pay my annual leave… I am still fighting it. There was nothing in the contract that said the holiday year started in A prop, either…

Let me know how you get on...

 

Hi Dookist,

 

Wow I'm really sorry to hear you're having such issues.

 

What's making me think that you should be paid holiday pay pretty much regardless of your length of service is this question in the FAQ of ACAS's holiday pay guide:

 

How can holiday pay be calculated for a worker who left after only three days in employment?

 

I'm assuming the fact that there is advice on this, means that holiday is accrued and should be paid irrespective of length of service (within reason) or part months/weeks.

 

If I were you, if they're refusing to acknowledge, let alone pay, any outstanding holiday, contact ACAS who will probably advise you to start tribunal proceeding if you've followed the companies complaints procedure.

[think about it]

Well I suppose you could, if you were splitting hairs, work the accrual rate down to a daily one - I too wouldn't pay a full month's accrual for 5 days worked. But, I do use the HMRC holiday calculator and hand the print-out to the departing member of staff as proof of having 'done it properly'

 

Perhaps you'd like to use the calculator and, if there's a difference, present your employer with the print out.

 

https://www.gov.uk/calculate-your-holiday-entitlement/y

[think about it]

Presuming a full 5 day week is your usual pattern, and that your holiday year starts on 1st April the calculator says:

 

Calculate holiday entitlement

The statutory holiday entitlement is 5 days holiday.

 

The employer:

• can include bank and public holidays as part of the statutory entitlement
  
• must not round down the holiday entitlement, but may round it up
  
• must provide holiday pay during the statutory leave
  
• can provide more paid holiday - this will be in the employment contract and is called ‘contractual leave entitlement’
  

 

 

Previous answers

 

Start againIs the holiday entitlement based on: days worked per week Change answer to "Is the holiday entitlement based on:"Do you want to work out holiday: for someone leaving part way through a leave year Change answer to "Do you want to work out holiday:"What was the employment end date? 5 June 2015 Change answer to "What was the employment end date?"When does the leave year start? 1 April 2015 Change answer to "When does the leave year start?"Number of days worked per week? 5.0 Change answer to "Number of days worked per week?"

 

 

Now, as you say you've had a week off already (5 days) it seems to think you're even... Provided, of course, my assumptions are correct.

[mixedspices]

Well I suppose you could, if you were splitting hairs, work the accrual rate down to a daily one - I too wouldn't pay a full month's accrual for 5 days worked. But, I do use the HMRC holiday calculator and hand the print-out to the departing member of staff as proof of having 'done it properly'

 

Perhaps you'd like to use the calculator and, if there's a difference, present your employer with the print out.

 

https://www.gov.uk/calculate-your-holiday-entitlement/y

 

Sorry if I've misunderstood your wording but I'm only asking to be paid for what I've accrued, which might seem like splitting hairs but is worth about £50 to me. They owed me 6.5 days in total, but are now claiming they don't have to pay me the 0.5 of a day because that relates to the first week of June.

[mixedspices]

Presuming a full 5 day week is your usual pattern, and that your holiday year starts on 1st April the calculator says:

 

Calculate holiday entitlement

The statutory holiday entitlement is 5 days holiday.

 

The employer:

• can include bank and public holidays as part of the statutory entitlement
  
• must not round down the holiday entitlement, but may round it up
  
• must provide holiday pay during the statutory leave
  
• can provide more paid holiday - this will be in the employment contract and is called ‘contractual leave entitlement’
  

 

 

Previous answers

 

Start againIs the holiday entitlement based on: days worked per week Change answer to "Is the holiday entitlement based on:"Do you want to work out holiday: for someone leaving part way through a leave year Change answer to "Do you want to work out holiday:"What was the employment end date? 5 June 2015 Change answer to "What was the employment end date?"When does the leave year start? 1 April 2015 Change answer to "When does the leave year start?"Number of days worked per week? 5.0 Change answer to "Number of days worked per week?"

 

 

Now, as you say you've had a week off already (5 days) it seems to think you're even... Provided, of course, my assumptions are correct.

 

I haven't had a week off... I worked the first week of June, and during it I accrued 0.5 days holiday which apparently I am not entitled to receive.

[mixedspices]

Just to be clear, I'm not trying to work out how much I'm owed as I know how much I accrued, what I'm asking is whether they can claim I'm not entitled to receive it because I didn't work a full month?

[becky2585]

The legislation is a bit odd in respect of accrued holiday pay for pro rata years worked... When did you commence work?

[mixedspices]

Thanks all - I spoke to ACAS and they said any holiday accrued and untaken is legally due, so I will push with that and hope the mention of this correspondence sorts things.