Post-dated cheque for holiday pay - legal?

keano442

Hi folks.

I'm getting the Christmas holidays on Wednesday the 23rd. Have worked in my job for 6 years and never been any problem with Christmas holiday pay but this year we've been told that the second week of the holiday pay will be post-dated, so we can't cash it before Christmas.

They're watching their asses because they don't want the cheques to bounce.

Anyway, are they entitled to do that? Are you entitled to be paid your holiday pay prior to your holidays...?

(By the way, cheques.... I know, I'm livin in the dark ages...)

Welease

I doubt you are entitled to anything in advance by law..
Your wages would nomally be paid after you have completed that week/fortnight/month's work.. same rules would apply to holiday pay.

ScouseMouse

keano442 wrote: »

They're watching their asses because they don't want the cheques to bounce.

Are you for real? No matter what your ENTITLEMENTS are, do you really want a bouncing cheque?

While perhaps not normal or even legal, it is responsible.

wmpdd3

Looked into this before, as somewhere I worked we would only get paid during our hols.

Seems to be no law against it. Now I am monthly paid so if I go on hols on the 1st to the 14th of the month, i still get paid ob the 31st.

Wishbone Ash

Welease wrote: »

I doubt you are entitled to anything in advance by law

It's not illegal My employer (the HSE) very occasionally pays holiday pay in advance when a special request is made (but not by post dated cheque).

SarahMc

Of course you are not entitled to advance pay. However, when the good times were here, and the cash was flowing it was the norm.

keano442

Thanks for all the replies.

I just think giving someone a post-dated cheque is a bit of an insult - I wouldn't do it to a plumber, never mind a long-serving member of staff.

And incidentally, I don't buy their reasons. In my view they're being opportunistic with the recession and this will be one way they can avoid paying a bonus this year, despite the fact that output has increased while wages have gone the other way.

Rant over...

keano442

Wishbone Ash wrote: »

It's not illegal My employer (the HSE) very occasionally pays holiday pay in advance when a special request is made (but not by post dated cheque).

Wishbone, I think our situations are different.

With the HSE, I'm guessing that your salary is paid directly into the bank on a specified date. I have no problem with that - at least you know with certainty when your money will arrive. What I have a problem with is the uncertainty of being given a post-dated cheque. At best, I think it's unmannerly.

The_Conductor

I'm not aware of anyone getting a bonus this year- so I don't buy the theory that its a way to get around paying one. It sounds like a perfectly responsible way of conducting business to be honest. I've never ever gotten paid for anything in advance- holidays or otherwise- why should the company do it in times like these, where cashflow is critical....?

gnxx

By any chance is the second cheque covering a period starting after the New Year. The company maybe trying to push expenditure into a new financial year.

keano442

smccarrick wrote: »

I'm not aware of anyone getting a bonus this year- so I don't buy the theory that its a way to get around paying one.

We hardly ever got bonuses when times were good, so weren't expecting one now - even though we've been keeping the place afloat by working longer hours, increasing output, for markedly less return.

smccarrick wrote: »

It sounds like a perfectly responsible way of conducting business to be honest. I've never ever gotten paid for anything in advance- holidays or otherwise- why should the company do it in times like these, where cashflow is critical....?

Glad I'm not in business with you, mate, if you think postdated cheques is "perfectly responsible".

Nermal

Just cash it anyway, banks are not under any obligation to respect the date on the cheque and usually won't.

The_Conductor

keano442 wrote: »

Glad I'm not in business with you, mate, if you think postdated cheques is "perfectly responsible".

If its not due to be paid until a future point in time (salaries are paid in arrears) - whats the issue with giving someone a postdated cheque? I know I certainly don't pay my plumber or electrician in advance, nor do I pay my utility bills in advance- so why would this worker expect to be paid early?

keano442

Nermal wrote: »

Just cash it anyway, banks are not under any obligation to respect the date on the cheque and usually won't.

Don't think that's right to be honest.

They could easily (a) bounce it or (b) honour it but charge me a fee for doing so.

amcalester

The bank just wont accept the cheque and there'd be no charge.

The_Conductor

Normally the cheque would in fact be accepted and lodged- and while the funds may show as being available in your account- they are subject to the cheque clearing (which can take 7-10 days depending on a lot of factors). The bank is fully within its rights to subsequently remove the credit to the account, if the cheque does not clear the system. This may put a person in an unauthorised overdraft situation (I've been there)- so its something you have to consider.