Employment ends and holiday entitlement

[Steve C]

I have recently handed in my notice for a job were I was working two days a week ( I hope to be starting a new position in the New Year with more hours ). I have been employed there since May 2018 and from May 2018 to December 2019 I have only ever had 1 paid holiday.

 

Having visited the Direct Gov website and using their online calculator it appears my holiday entitlement, going from an employment finish date of 04.12.2019 and a leave year start date of 05.12.2018, it appears I am entitled to 11.2 days. I did not work bank holidays as these were never part of my working week as my regular days were a Tuesday and a Saturday.

 

Having just received my last payslip it states I have been paid 25 units ( hours).

 

I have composed a letter which has been sent by recorded delivery to my previous employer stating that I believe there has been an error. I have also enclosed a copy of the calculation taken from the Direct Gov website. I have kindly requested that the oversight be addressed and the outstanding balance paid directly into my bank account within seven days. However, I can`t see this happening, this being the case what would be my next move?

 

Any help and assistance would be greatly appreciated.

 

 

[ericsbrother]

Next move? sue them for the money owed under a contract. This means sending them a letter stating how much is owed and why and give them  time to pay (usually 14 days) or explain why they dont owe you the money.

You wont get 2018 holiday pay but you will get what is due for 2019

Now you can go to an employment tribunal for this instead but the small claims procedure is actually quicker and simpler. You may well get the money once they see you are serious

[Steve C]

Thank you for taking the time to respond to my post, very much appreciated.

 

I am assuming the best way to calculate my holiday entitlement is to revisit the Direct Gov website and enter 01.01.2019 as a year start date rather than 05.12.2018 if you are saying that I will only get 2019 entitlement.

 

There is a second issue I also need to clarify, I was never given a contarct, does this effect the situation?

 

Many thanks

 

 

[ericsbrother]

Implied contract and statutory terms apply.

Holiday pay is based on hours worked per year rather than days so use the .gov calculator

You start at the beginning of the holiday year so 5/12/18- leaving date

[Steve C]

Thank you very much for your continued help and interest in this thread.

 

I will revisit the Direct Gov website and recheck what I am entitled to using the hours worked calculator before composing a letter and sending it off to my former employer.

 

I will report back and let you know how I get on.

 

Many thanks.

[Steve C]

Just a quick update.

 

Got the majority of my holiday pay. There was a small shortfall of about £25, however, I didn`t get any explanation or comments just a letter saying balance had been paid directly into my bank account and this now discharges them of any financial commitment towards me.

 

Many sincere thanks to ericsbrother for his telling contribution to this thread, greatly appreciated

[ericsbrother]

I'm sure they feel like they have got one over you by being nipcheeses

Glad you are generally happy with the outcome though.