Sacking and holiday pay issue

token101

My sister has recently been sacked from work due an incident arising from an internal dispute. She isn't disputing the sacking (even though I feel she should but I think that's irrelevant in this context), but the employer has sent her the final payslip without any of the outstanding holiday pay owed. When she rang him, she was told that because she was dismissed for gross misconduct, he doesn't have to pay her any holiday pay? She has a permanent contract, got the statutory 4 weeks off last year acc to her, and hasn't taken any days this year. By my reckoning she's entitled to 2 full weeks up until June 30th and whatever else (few hours) for the first week of July. this amounts to over 800 quid which I'm fairly sure she's being f*cked out of here. This surely isn't correct is it? I've looked up citizen's info and can't see any get out clause for this. Is this guy just taking the piss?

tatli_lokma

citizens information wrote:

If you are leaving a job you are entitled to receive payment for any outstanding annual leave and public holidays due to you.

this is regardless of how, or under what circumstances you leave. It could be however, that she is supposed to work 2 weeks notice, and the employer send further payslips over the next two weeks, as this will be her notice period.
If she has not yet had a P45 this could be the case.

If it is a case that there is no notice period due, and it is simply that he is refusing to pay her, then she should make a claim under the Organisation of Working Time Act 1997 for her unpaid leave.

angeldelight

Surely a notice period doesn't come in to play if she was sacked?

tatli_lokma

angeldelight wrote: »

Surely a notice period doesn't come in to play if she was sacked?

its at the employers discretion

If they sack you, they can still request that you work out your notice. If you, say, had to give 2 weeks notice, and decided, stuff this, I'm sacked anyway and didn't show up, then the notice period would be deducted from Annual leave you are due and/or from your back week if you worked one. If the employer decides that you are sacked, and they don't want you to work out your notice, then you could be put on 'gardening leave' where you are still employed, but not required to work during this notice period. If the employer does this, they will pay you for the remaining period of notice and when that ends, you will then be given your final wages, P45 and any annual leave owing to you. If they decide, just go now, this minute, no notice period etc (which they can do for Gross misconduct) then they would have to issue you with any annual leave etc you are due.

Whichever way it pans out, you are entitled to your annual leave - whether it be paid out in money, or used against your notice period.

Nody

angeldelight wrote: »

Surely a notice period doesn't come in to play if she was sacked?

Depends on why a person is fired really. Gross misconduct - you can be let go on the spot and not get paid for notice period. Constantly coming in late and going through the standard verbal, written, written final, fired and you should expect to get the notice period paid as it is not gross misconduct.

TheDoc

You might need to look into how the holidays are provided.

Obviously if your sister has left her job now, halfway through the year she will not be entitled to her full annual leave. It works differently for every company. I for example get 25 days off annually (as standard I get more for other stuff) but this is reduced if I leave during the year.

So for example most companies offer 20 days annual leave. Your sisters contract will outline how the days are accrued, but for the sake of ease lets say that she left mid year, and is entitled to 10 days holidays. This is essentially two weeks pay ( if shes works mon-fri)

Could it be the case, they paid her these holidays, just in her basic? Alot of companies when dealing with a severance/sacking, will allow the employee to leave immediately and use their outstanding holidays to pay off their notice.

token101

Well I was working it out pro rata for the year, she gets the statutory 4 weeks (20 days) each year and hasn't taken any time off this year. So from January 1st to June 30th, I said she's entitled to the two weeks (10 days, which would be half the year's leave), plus the minimal amount for the first week of July.

It hasn't been factored into her payslip; he's paid her what she worked up until the day she left. She was given the reason as gross misconduct which does mean he can fire her without notice but he's also stating it gives him the right not to pay her this outstanding holiday pay. I just wanted to ensure that, because she has been sacked for what he deems is gross misconduct, there was no clause allowing for this. She's going to a solicitor in the morning. Hopefully it won't need to go any further than a letter.

TheDoc

token101 wrote: »

Well I was working it out pro rata for the year, she gets the statutory 4 weeks (20 days) each year and hasn't taken any time off this year. So from January 1st to June 30th, I said she's entitled to the two weeks (10 days, which would be half the year's leave), plus the minimal amount for the first week of July.

It hasn't been factored into her payslip; he's paid her what she worked up until the day she left. She was given the reason as gross misconduct which does mean he can fire her without notice but he's also stating it gives him the right not to pay her this outstanding holiday pay. I just wanted to ensure that, because she has been sacked for what he deems is gross misconduct, there was no clause allowing for this. She's going to a solicitor in the morning. Hopefully it won't need to go any further than a letter.

Typically a contract will have everything concerning Gross Misconduct, what is considered GMisconduct the penalties there in.

I'm sure a solicitors letter will sort it alright, sounds like an employer changing their arm

leeroybrown

Don't even bother with a solicitors letter. Just get her to ring the employer and tell them that you know your rights and won't be pushed about. Get tell her to request the outstanding holiday pay and correct P45 and say that it's not forthcoming you'll get the Revenue involved.