Holiday Pay Query

Mr.Q

Hi guys,

I have recently left a part time job I held throughout my college years, and now have a growing concern. As with other part-time jobs I have held in the past, when I left I received any entitled holiday pay in my final pay-slip, but this time around, I have been told I am not entitled.

The reasoning shared with me, is that I handed in my notice after the financial year for the company in question, and therefore not entitled.

Maybe I am wrong but surely this would mean that I am entitled to this year's pay. I have been with the company for four years and I know I didn't take the allocated time-off each year. I understand I may not get that time/pay back but if I am entitled for holiday pay for this year or last, I will pursue it.

Any advice appreciated and welcomed.

jimmycrackcorm

What are annual leave entitlements for part-time workers? Holiday entitlements of part-time workers are calculated in a different way to those of full-time workers. Under the Organisation of Working Time Act 1997 part-time workers are entitled to eight hours leave for every 100 hours worked, subject to a maximum of 4 working weeks (8% of all hours worked, excluding lunch time). So if you worked 500 hours in a leave year you would be entitled to 40 hours leave. Time spent on annual leave is counted as working time when calculating holiday entitlements. The statutory leave year is from 1st April to 31st March. (An employer can use a different leave year, such as January to December, provided this is used consistently

I guess they are saying you are outside the annual leave period. The financial year doesn't count per se but you are entitled to the minimum statutory holiday pay regardless of whether you took the time off or not.

danthefan

As per NERA:

http://www.employmentrights.ie/en/media/annual_leave.pdf

The employer must compensate the employee for any unused annual
leave that was accrued during the leave year in which the employee’s
employment ceases. If the employment ceases in the first half of the
leave year, the employee must be compensated for any annual leave
accrued in that leave year and the previous leave year.

The leave year runs from April to March. From what I can see the employers financial year has nothing to do with anything, that's just nonsense trying to get out of paying you.

From the above as you've left in the first half of the leave year you're entitled to whatever holiday pay you've accrued since April plus holiday pay for the 12 months previous to April.

Definitely do not let this go.

Mr.Q

Thanks guys,

Appreciate the feedback