Notice Period & Holiday Pay

unreggd

I left my job last week because of very bad management that wasn't being resolved


Being there about 15 weeks, my notice period was one week

I gave my notice on a Friday, makin the following Thursday/Friday my last day (I was rostered to work Thurs, off Friday)

I was also rostered to work on the Saturday

The area manager said I have to work til the Saturday, even though thats longer than the weeks notice

Is this true? Or does your notice go one week from the day you give it?

So she is now counting the saturday as a fake sick day, and said I wont get a reference (not that I'd want one from her, she's ridic unprofessional)

Can they refuse to give me my earned holiday pay because of this?

cheers!!

Nody

No, they can not refuse your holiday pay for the actual days worked.

unreggd

No, I don't mean for that one day

I worked for 3.5 months

The rate of holiday pay is 1.75 days per month worked, although it should be more as we all work 4 12hours shifts a week, sometimes 5

My question was, is she right to include that Saturday as me pullin a sicky, when I already gave seven days notice to finish on Thursday? And if so, can they use this to withhold all my holiday pay

JDxtra

For the sake of a reference, I would have worked the Saturday. I can't see a reason for them to refuse to give you holiday pay previously earned assuming you are entitled to it.

Beano

unreggd wrote: »

No, I don't mean for that one day

I worked for 3.5 months

The rate of holiday pay is 1.75 days per month worked, although it should be more as we all work 4 12hours shifts a week, sometimes 5

My question was, is she right to include that Saturday as me pullin a sicky, when I already gave seven days notice to finish on Thursday? And if so, can they use this to withhold all my holiday pay

No. And no.

Clauric

First of all, the period of notice is not quite what it seems. If you gave your notice to resign on a particular day, eg Thursday, xx of xxxx, 2010, which was at least 5 working days from when you handed in your notice, then you can't be expected to work after that date. Your former employer can not expect you to work after a date that you were no longer registered as a company employee (never mind that if you had been injured on the job, they would have no insurance cover for you).

With regard to the withholding of holiday pay accrued, that is completely illegal. Upon leaving a company, the company must immediately pay all holidays accrued, without question. In this situation, your first port of call in NERA. Go to them, explain the situation, and they will advise you of the best approach to get the money.

Another matter will be the amount of holiday pay that you are due. There are 3 different ways of calculating pay. In your case, as you did not work that long for the company, the accurate way of calculating your pay is 8% of time worked, up to a maximum of weeks worked in company as a percentage of weeks allowable for leave.

eg:

15 weeks in company = 15/52 x 100 = 28.84 %

Days leave (annually) = 20

--> Max days leave = 20 x 28.84% = 5.77 days

Hours worked = xxxxx (total over 15 weeks)

8% of hours worked = xxxxx x 8% = yyyyy

Average hours = Total hours worked / days worked

Holiday pay = yyyyy / Average hours

--> money due = min of Max days leave or Holiday pay x hourly pay

A bit complicated, but it will at least allow you to figure out exactly how much they owe you.

Regarding the "rule" that you get 1.75 days per month, that is only in certain situations, where you work more that 114 hours per month, but less than 1220 hours per year.

Hope this helps.

unreggd

Ok, I got my final payslip and I was only paid for 24 hours holidays
I was expectin to be owed about 6 days [1.75 * 3.5]

My contract says "staff on a 40 hour contract are paid 20 days holidays a year, people on shorter contract are paid on a pro-rata basis"

But no pro-rata rate was stated.

My contract was 32hours, but I worked at least 40 hours for 3 months, then 33 a week for the last few weeks.

Can the company set their own rate of holiday pay?

I used to get 20 holidays per year when I was working a 35-hour week in my last job

Any help appreciated!

Thanks

Clauric

I just went an grabbed the IPASS course book, just to give you an accurate as possible answer (and not to make a mistake).

2 methods of calculating the holiday entitlements. I assumed that you worked 13 weeks @ 40 hours per week and 2 weeks @ 33 hours per week.

Method 1:
Must have worked a min of 117 hours per month
1/12 of holiday entitlement
32/40 x 20 = 16 days max

• Month 1:
  • Week 1 - 4: 4 x 40 = 160 hours => 16/12 = 1.33 days
• Month 2:
  • Week 5 - 8: 4 x 40 = 160 hours => 16/12 = 1.33 days
• Month 3:
  • Week 8 - 12: 4 x 40 = 160 hours => 16/12 = 1.33 days
• Month 4:
  • Week 13 - 15: 1 x 40 + 2 x 33 = 106 hours => no days
• TOTAL = 4 days holidays

Method 2:
8% of hours actually worked

• Week 1 - 13: 13 x 40 = 520 hours => 520 @ 8% = 41.6 hours

• Week 14 - 15: 2 x 33 = 66 hours => 66 @ 8% = 5.28 hours
• TOTAL = 46.88 hours

As you are entitled to take whichever method is better for you.

Therefore assuming that you took no holidays over that time, you are entitled to 46.88 hours holiday pay.

Hope this helps.

If you're former employers say no, go to NERA.

unreggd

Thanks for that

I mostly worked 42-44 hours for the first 3 months, but some weeks 46-49. Would I have to get all my payslips together to check the exact amount manually, or is there anywhere I can get an exact amount of hours worked?

Do employers have any right to apply their own rate of holiday pay? (not that they stated a pro-rata rate in the contracts)

Cheers

Clauric

You would need to go back to each payslip and calculate the exact amount of hours worked, and then the exact amount of holiday pay.

Employers must give 4 weeks holidays. If you work 20 hours a week, you get 4 weeks at 20 hours per week. If you work 32 hours per week, you get 4 weeks at 32 hours per week. I think that your employers are trying to pull a fast one.

Looking back on my previous post, if a 40 hour week is full time (8 hours per day), 32 hours is a 4 day week (assuming 5 days a week), so you would be entitled to 4 weeks at 4 days per week.

I suggest that you work out your hours, work out what you believe is your holiday pay, and email it to your former employer, and their payroll/HR Dept. I would also make sure you are familiar with the Organisation of Working Time Act, 1997 - Holidays, which has been in effect since 1999.

Hope this helps. PM me if you need any more info

unreggd

Well I worked 12 hour shifts (11 minus one hour break)

So I usually did 4 of them shifts, or 3 and a sunday (7 hours worked)

Would that make any difference?

Meely

very similar thing happened to me with part time job I had in college.I went to the citizens advice/empoyee place on adelaide road, Dublin2. It was so simple, I told them what happened & filled in a form. They took up the matter with the clothes shop I worked in and were like my free legal representatives. Very little effort and a month later I was given the holidays I was owed. I did not have any proof of my hours as when I went to get a copy the manager said she had 'mislaid' the rota folder...the folder that proved what i was owed. The company obviously did not want bad publicity so just paid up, all thanks to citizens advice people.

unreggd

Hi guys

Just wanna recheck something:

I was with my last job for 15/16 weeks, meaning the general notice period is 1 week, which I gave

But my contact says 2 weeks. At induction, the manager said "you only have to give one week, but we prefer 2 weeks"

If its on my contract, did I not give enough notice with one week?

If so, what are the penalties?


Thanks!!