Holiday Pay entitlements

AirsoftAndy

Hey, I'm curious about Holiday pay entitlements if holidays aren't offered/taken ,
I have just finished up a job where I started in April 2016 and just left at the beginning of this month , I was not offered holidays in 2016 and Have taken just one week this year (January) before handing in my notice and finishing this week , If Holidays Are not offered to me Am I still entitled to that money when I leave or does holiday pay disappear at the start of each calendar year?

Cloudio9

If working full time sounds like you might be due three weeks pay. Holidays are not optional and the employer can't just forfeit them.

Pete123456

and if you are part time you are usually entitled to 8 hours holidays for every 100 worked. Even if you didnt take them you are entitled to be paid for them, and it should be included in your last pay. If not, then theres probably something dodgy going on, and you can file a dispute. Where i used to work we were allowed to carry over holiday pay for as long as we wanted, but some places have policies that they pay you anything outstanding at the end of the year. Also remember that you may have been entitled to pay for public holidays.

AirsoftAndy

I was working between 25-39 hours a week as I was repeating the year in college and only had a few classes a week , I am due my last pay check tomorrow any if there isn't the holiday pay in it , what would you suggest I do or who would I go to contact , My now ex-employer Isn't exactly the Most approachable in the world but its a large company with around 170-ish employee's over multiple shops (retail) , would sending an email asking for the pay and if the response isn't what i'm looking for contacting a solicitor an option ?

midfield dynamo

AirsoftAndy wrote: »

I was working between 25-39 hours a week as I was repeating the year in college and only had a few classes a week , I am due my last pay check tomorrow any if there isn't the holiday pay in it , what would you suggest I do or who would I go to contact , My now ex-employer Isn't exactly the Most approachable in the world but its a large company with around 170-ish employee's over multiple shops (retail) , would sending an email asking for the pay and if the response isn't what i'm looking for contacting a solicitor an option ?

From memory, if you work 1,365 hours in a year you are entitled to 4 working weeks annual leave over the year. If you work less than the 1,365 hours you would be entitled to 8% of hours worked to a max of 4 working weeks.

If your former employer doesn't pay what you're owed, you can pursue a case to the Workplace Relations Commission (WRC)


Best thing to do is to see if you get everything you're owed when you finish up. If they don't or you feel you should get more, contact them asking for anything you're owed. Do this by mail so you have a record of the request and any responses. If they still refuse, say you are taking them to the WRC.

tina1040

When you get your final pay and payslip ask for a breakdown of what's include in gross pay?

Stheno

Holidays don't always carry over from one year to another so if you should have taken then last year (e.g. to end Dec) and didn't then you may have lost them

Pete123456

Stheno wrote: »

Holidays don't always carry over from one year to another so if you should have taken then last year (e.g. to end Dec) and didn't then you may have lost them

I think the employer is obliged to pay you for them in the last pay run of the year though arent they?? could be wrong though

whomitconcerns

Statutory days must normally be taken and are not normally allowed be paid in lieu.

Cloudio9

Stheno wrote: »

Holidays don't always carry over from one year to another so if you should have taken then last year (e.g. to end Dec) and didn't then you may have lost them

Not true. Employers cannot forfeit unused annual leave. In fact it is the responsibility of the employer to ensure that leave is taken.

Based on the facts to date,the op is due payment for accrued holiday pay.

davo10

whomitconcerns wrote: »

Statutory days must normally be taken and are not normally allowed be paid in lieu.

Except at end of employment when leave days not taken can be paid to employee.

whomitconcerns

Aye and if pregnant and on maternity leave, etc

AirsoftAndy

Hey , got my last payslip just there and got paid the week I just worked and 39 hours holiday pay , so in the last year I've gotten 2 weeks total holiday pay , anything I've looked up online seems a bit 50/50 between whether they carry over or not , My friends mam works in a solicitors office so I've asked her to look into it for me , and if I'm entitled to it I will email them and if they don't want to pay I may get a solicitors letter sent to them , I will keep this thread updated on the situation.

ProudDUB

AirsoftAndy wrote: »

Hey , got my last payslip just there and got paid the week I just worked and 39 hours holiday pay , so in the last year I've gotten 2 weeks total holiday pay , anything I've looked up online seems a bit 50/50 between whether they carry over or not , My friends mam works in a solicitors office so I've asked her to look into it for me , and if I'm entitled to it I will email them and if they don't want to pay I may get a solicitors letter sent to them , I will keep this thread updated on the situation.

A solicitors letter seems a bit over the top, if you haven't spoken to anyone in the company about it yet. When you started working there, did they not give you an employment contract, or some other paperwork setting out what the companies terms and conditions are for things like holiday pay? Have a look at that, if they did.

Also, if the company is big enough to have 170 employees and several shops, it probably has a HR Department, or a person who handles HR matters like payroll, sick leave, holiday pay and what not. What about asking your former boss, or some of your former work colleagues who you could speak to, to sort this out for you?

tina1040

OTT to be involving a solicitor at this stage. Ring or email the hr/payroll person. Explain nicely that you thought it should be more and could they explain what was paid. They will have no reason to be unhelpful. I wouldn't think a company that size would be put to screw you. It could be all sorted today without taking up your solicitor friends time unnecessarily.

AirsoftAndy

Definitely OTT , I actually rang this morning and was nice about it and they said they would pay me outstanding holiday pay in a weeks time , Happy days , Thanks for all your input's !!