Unpaid holiday payb

[mmfhater]

Hi all

 

I quit my job at the beginning of the month and have just received my holiday pay and they only paid me for 6.5 days when it should have been 2 weeks

 

I am writing a letter but I'm not very good and was just wondering if you could have a read and let me know what you think

 

To who it concerns

 

I have today recived my payslip and have only been paid for 6.5 days holiday when it should be 14 days

 

As you know when I got tuped over to your company I informed you my old company's holidays ran from 1st jan to 31st dec not April to march and you said not to worry as it would get sorted out after the first year

 

Due to this I believe I am owed approximately £539.40p which is 7.5 days wages

Please either pay this into my bank or by cheque within 14 days or please let me know if you do not believe this is true and can you give me the reasons why you believe this money is not owed to me

 

Regards

Mmf hater

[Sidewinder]

Hi all

 

I quit my job at the beginning of the month and have just received my holiday pay and they only paid me for 6.5 days when it should have been 2 weeks

 

I am writing a letter but I'm not very good and was just wondering if you could have a read and let me know what you think

 

Dear Sir or Madam

 

I have today recived my payslip after ceasing employment with [NAME] and appear to have only been paid for 6.5 days accrued holiday pay when by my calculations this should have been it should be 14 days owed

 

As you know when I was transferred over to your company under TUPE I informed you that my old company's holidays ran from 1st jan to 31st dec not April to March. You assured me that this would be sorted out after the first year and I would not be disadvantaged

 

Due to this I believe I am owed approximately £539.40p which is 7.5 days wages

Please either pay this into my bank or by cheque within 14 days or please let me know if you do not believe this is true and can you give me the reasons why you believe this money is not owed to me

 

Regards

Mmf hater

 

The letter looks fine by me but I have just amended the bits in red to aid clarity.

 

I would say that you need to just double check your figures - you say that you are owed 2 weeks holiday then also state that this is 14 days? a normal working week would be 5 days surely, so the outstanding holiday should have been 10 days? They have paid you 6.5 so that would leave 3.5 days owing?

 

Give them the 14 days as a polite request then if needed a 7 day Letter Before Claim as a follow up if needed.

[mmfhater]

Thank you for helping

 

I went on to the gov holiday entitlement calculator website and that worked out the holiday due

 

I'm also going to give my reasons I resigned as acas said to do that to start the grievance process as what has happened they believe is classed as breach if contract and constructive dismissal

[mmfhater]

Quick update

They have agreed I am owed 14 days holiday so will be paying me that money

I also put in a grievence that as I was tuped over my original contract was 45 hours then I got told I had to be on call for 60 hours a week yet everyone else at my depot were working 48 hours

Acas said that is breach of contract and as I walked I can also claim constructive dismissal so I have billed them 5k for over time and they are looking into this

as you have to log on and off and all milage ect is recorded they will see this on there computor system

[obiter dictum]

You cannot put in a grievance if you are no longer an employee of the company

 

Forget constructive dismissal, it may well be a breach of contract but you address that by the Grievance procedure. A sort of Pr-action protocol

 

Not to mention was this on call 60 hours a week written into your contract of employment?? If not you are blowing in the wind as it is only your word against theirs if told orally

[mmfhater]

My original contract with the old company was verbal and I worked from home and I also have pay slips to prove any time I worked over 45 hours a week was double time

 

With the 60 hours I received a letter giving me 2 days notice then when I refused I then got another letter giving me 11 weeks notice or face disciplinary action (11 1/2 years service)

Everyone else got the letter but the area manager let them carry on working 4on 3 off but would not let me do that as it would leave my area under staffed as they sacked 2 of the 4 people that tuped over as they had only been there between a year and 18 months And they did not replace them

[obiter dictum]

Everyone has a contract of employment, that can be verbal as to implied terms though a written contract has to be given within 60 days or employee hand book

 

What makes it different in your case will be custom and practice

 

You were TUPED over so you will now be under the new company contract of employment with respecting your previous terms of the old company.

 

It still does not alter a thing, you walked out without submitting a grievance and that is a breach of contract. The new employer can now technically sue you for the cost of a temp until your position is filled

[mmfhater]

I first asked how much notice I had to give and got told 3 months yet acas said I only had to give a month max so I worked the month then quit on the spot

They didn't advertise until someone else left and they are also letting the fella I worked with at the old company work 36 hours a week when he also is meant to be working 60 hours

They also can't realy get a temp as you have to be trained on the cash handling and repaires

[obiter dictum]

The norm is a months notice if monthly paid but your contract of employment can state a three month notice period is required before termination of the contract as an express term

 

You cannot be forced to work more than 48 hours a week unless you have voluntary signed the "Opt out" of the working time Directive

[mmfhater]

There argument was on call is not working time And you could do what you wanted BUT you had to be available to take the call when they rang

 

My old company it was on call from home 45 hours per week any time over 8 hours was paid double time

 

According to acas I was still on my old verbal contract which I argued with Comp2 about but as far as they were concerned I was on there contract even thou all I had signed for was that I had recived the company handbook and a lot of stuff In it referred to the statment of particulars which I had never seen or recived

 

When I asked my manager about notice period he said he contacted the md who stated I had to give 3 months and everyone who I spoke to were surprised at that amount of notice that's why I walked after 1 month along with the other reasons

[mmfhater]

Update

 

Got a cheque for the outstanding holiday pay but they have taken tax and ni out even thou they have sent me my p45 a month ago

Can they do that ??

 

Also they sent me a letter saying no to my overtime claim they are saying only when traveling to or from sites and time spent on site is working time yet my original contract was work from home on call for 8 hours per day

[Sidewinder]

The way that they have paid you is absolutely correct and any overpaid tax will come back to you when the record catches up at your new employer - although you could go to them with whatever form of payslip you have received and ask whether they need a copy.

 

I agree with previous statements that you will have a very difficult time arguing that a verbal agreement made with your old employer still holds true - you will need to evidence previous grievances which raised the problem with your employer back to the time of transfer and evidence that such an agreement was in place previously - clearly itemised payslips might help?

 

Probably needs professional advise

[mmfhater]

I have itemised payslips probably dating back 5or 6 years and they show overtime and the extra £125 a week holiday pay we use to get

 

My main grievance is that Me and the others that got tuped over had to be on call 60 hours a week yet all the others in the local depot were doing 48 hours when we all got the letter stating 60 hours

 

It feels like they wanted to buy the company but not keep us lot on as within 2 months they had got rid of 2 people