Holiday Rights

[pugwash4x4]

Hey Chaps,

need some advice ref holiday pay.

hd a training contract from beginning of Feb until the beginning of this month, when it ended as i failed to pass a key exam. No problems from that point of view, its all fair and within the bounds of the contract which i was more than happy with- relevant company gave me 2 weeks notice which they did not require me to work.

However I haven't been paid any holiday pay at all (holiday was pro rata and taken when the employer specified it). I expected to be paid at the end of this month (and was due 28 days pro-rata).

Would like to know the statutory rights involved- can they remove the right to holiday within a training contract? would they be due to pay it for the 2 weeks notice even if i wasn't required to work? what rights do i have to force payment- its a considerable sum for me at the moment.

The end of the contract isn't in dispute (whilst i didn't agree with their decision i couldn't see me winning a fight and didn't want to burn all my bridges for a few hundred quid) but if they are going to stick to the strict letter of the law then i'd like to return the favour

[edc]

5.6 weeks is the statutory minimum. It is perfectly feasible to have holiday during notice period. Your accrued entitlement for 3 months would be less than your notice period. This all assumes you are an employee or worker. There is also an assumption that the holiday year does not finish between your start date and your end date. If the holiday year tied in with the financial year and they had a use it or lose it policy then you would effectively be owed 1 month's accrued holiday which is about 2 days.

[pugwash4x4]

edc said:

5.6 weeks is the statutory minimum. It is perfectly feasible to have holiday during notice period. Your accrued entitlement for 3 months would be less than your notice period. This all assumes you are an employee or worker. There is also an assumption that the holiday year does not finish between your start date and your end date. If the holiday year tied in with the financial year and they had a use it or lose it policy then you would effectively be owed 1 month's accrued holiday which is about 2 days.

I was an employee. what do you mean at

edc said:

Your accrued entitlement for 3 months would be less than your notice period

?

does this mean they do not have to pay holiday pay?

[scirocco265]

pugwash4x4 said:

relevant company gave me 2 weeks notice which they did not require me to work.

However I haven't been paid any holiday pay at all (holiday was pro rata and taken when the employer specified it).

Would like to know the statutory rights involved- can they remove the right to holiday within a training contract?

If your specific contract stated what holiday allowance you had pro-rata, then essentially it shouldn't matter if you were on a training contract.
The notice period is a seperate issue and you were placed on 'garden leave' for the period so no holiday should have been used towards this.
Therefore - as long as the holiday year didn't start/end during your employment/end of your employment - you will be entitled to payment for any holidays accured but not taken.

For example our holiday year runs 1st April - 31st March and so anybody leaving from 30th April onwards will be entitled to payment for April's accrual etc. However, if someone had left us on, say 18th April then they would not be entitled to any payment as we only 'allow' accrual for a completed calendar month.

Hope that makes sense.