Discussion
My wife started a new job over the summer which did not work out for various reasons. She was told that they did not want her to work the notice, but they did pay her for the notice period.
We expected to see Holiday pay for unused holidays on her final payslip, but it is not there. I'm not sure if this has been overlooked, or because they feel she has had a 4 week holiday - although this was not her choice obviously!
To cap it all they had a breakdown in communications and paid her for the whole of November, rather than up to her notice date, and are now demanding money back. The Holiday pay is more than their demand.
So holiday pay in this scenario or not?
We expected to see Holiday pay for unused holidays on her final payslip, but it is not there. I'm not sure if this has been overlooked, or because they feel she has had a 4 week holiday - although this was not her choice obviously!
To cap it all they had a breakdown in communications and paid her for the whole of November, rather than up to her notice date, and are now demanding money back. The Holiday pay is more than their demand.
So holiday pay in this scenario or not?
)She is entitled to her holiday pay - however the company can also demand that she uses her holidays during her notice period. So if she didn't actually work her notice then they could very well argue that her holiday allowance was used up then. It would have been better for this to have been made explicit up front but I don't think there is any specific requirement for there to have been a formal agreement to that effect.
2 sMoKiN bArReLs said:
What does her contract say on the subject of holiday pay?
Garden leave.The company may in its absolute discretion take one or more of the following steps in respect of all or part of the notice period:
Require you to take any accrued but unused annual leave entitlement.
- To note that they have not said that they required her to do this.
surveyor said:
2 sMoKiN bArReLs said:
What does her contract say on the subject of holiday pay?
Garden leave.The company may in its absolute discretion take one or more of the following steps in respect of all or part of the notice period:
Require you to take any accrued but unused annual leave entitlement.
- To note that they have not said that they required her to do this.
deckster said:
She is entitled to her holiday pay - however the company can also demand that she uses her holidays during her notice period. So if she didn't actually work her notice then they could very well argue that her holiday allowance was used up then. It would have been better for this to have been made explicit up front but I don't think there is any specific requirement for there to have been a formal agreement to that effect.
Unless there is a clause on the contract stipulating that holiday balance will be used during notice period then employers must give notice if they want employees to use any holiday. Chozza said:
They have probably just forgotten to add it to the final calculation. So ask to see the final calculation.
How much would she expect ? as it would have been earned pro-rata ... so 20 days annual leave but starts in August finished in October , would only be 20 x 3/12 = 5 days
She was on 30 days plus statutory. We thing she is owed 5. It's not a fortune, but more than offsets the refund that they are asking for as they cocked up the leaving date.How much would she expect ? as it would have been earned pro-rata ... so 20 days annual leave but starts in August finished in October , would only be 20 x 3/12 = 5 days
Let us know. They say it was not garden leave but instant termination and pay in lieu, albeit paid when normal pay would be.
Even at the earlier termination date, I think she had 3-4 days unused. They say they have calculated holiday pay, but I don't see how.
P45 shows leaving date at the end of what would have been the notice period, so that does not tally either.
Even at the earlier termination date, I think she had 3-4 days unused. They say they have calculated holiday pay, but I don't see how.
P45 shows leaving date at the end of what would have been the notice period, so that does not tally either.
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