Help advice - Leaving work

nattatida

Hi everyone,


I was just looking for some legal advice in regards to leaving my workplace. I've worked at a place for about 6months now and should have accrued some holiday hours, I think I can apply now for holidays but am planning to leave soon for various reasons.

Will it be better for me to take the holiday first then leave or should I leave before taking the holiday and will I get paid for my unused holiday hours? The problem is from what I've heard the place I work for is quite known for dodging the law and not paying out holiday hours rightly or at all if they can. They have around 80% recruited staff from agencies which are quite new to the country and have barely any level of English which is why they seem to easily get away with it.


I just wanted to ask what the best course of action for me is that should give me the best outcome financially speaking, also I've pretty much done overtime work the past 4 months, averaging 55 to 65 hours a week although my contract have stated 40 hours. I'm not sure if this little information is important but I'm quite new to all of this and hope any can help. Thank you

Avatar MIA

Yes, you're entitled to untaken annual leave and to have it paid or taken before your exit date - I'm guessing that will be based on statutory minimum 20 days.

The one thing that worries me is whether your untaken AL was allowed to be brought over from 2018. They may try and weasel out of it that way if you didn't take any holidays in 2018.

nuac

Mod
Cannot give legal advice here, but wiil leave open for general discussion subject to rule on legal advice

nattatida

Hi Avatar Mia, thanks for the quick response, can you give me more information regarding the statutory 20 days ? The problem last year was that I was (I still am) on probation and was told that I could not take holidays until I've worked for 6 months. They're probation period also last for a year if that helps

who what when

It's illegal for your employer to refuse you leave during your probation period.

Avatar MIA

nattatida wrote: »

Hi Avatar Mia, thanks for the quick response, can you give me more information regarding the statutory 20 days ? The problem last year was that I was (I still am) on probation and was told that I could not take holidays until I've worked for 6 months. They're probation period also last for a year if that helps

Hypothetically, if a company were to think it's entitled to withhold Annual Leave from its employees for 12 months then its... what's the legal term, oh yeah, Bonkers!

What's your contracted notice period?

Statutory holidays - every full time worker is entitled to 20 days annual leave per year or pro-rata if not full time.

nattatida

who what when wrote: »

It's illegal for your employer to refuse you leave during your probation period.

Is there anything I could have done or can do about this ? Just so that it won't happen again, to be fair though I've only been an employee for about 3 months when I asked for it and was told I have to wait at least 6 months for holidays

nattatida

Avatar MIA wrote: »

Hypothetically, if a company were to think it's entitled to withhold Annual Leave from its employees for 12 months then its... what's the legal term, oh yeah, Bonkers!

What's your contracted notice period?

Statutory holidays - every full time worker is entitled to 20 days annual leave per year or pro-rata if not full time.

I have a notice period of 2 weeks, I requested for a 2 week holiday and was told I'd be paid for 7 days of those week. What do you think my best course of action is at this point ?

Avatar MIA

nattatida wrote: »

Is there anything I could have done or can do about this ? Just so that it won't happen again, to be fair though I've only been an employee for about 3 months when I asked for it and was told I have to wait at least 6 months for holidays

Waiting for 6 months without holidays is probably within the law in that you need to agree holidays with your employer, but they must be reasonable. 6 months is different to 12 months.

nattatida wrote: »

I have a notice period of 2 weeks, I requested for a 2 week holiday and was told I'd be paid for 7 days of those week. What do you think my best course of action is at this point ?

The maximum probation period is 12 months less the contracted notice period, this is because after 12 months you gain unfair dismissal rights, and the notice period is deducted.

nattatida

Avatar MIA wrote: »

Waiting for 6 months without holidays is probably within the law in that you need to agree holidays with your employer, but they must be reasonable. 6 months is different to 12 months.



The maximum probation period is 12 months less the contracted notice period, this is because after 12 months you gain unfair dismissal rights, and the notice period is deducted.

Oh okay thanks, yeah I think the reason they have the probation for a ling time is alot of people leave within a couple of months.

Based on this if I leave my work will I be entitled to the 20days statutory leave or is it better to take a holiday and then leave ?

Avatar MIA

nattatida wrote: »

Oh okay thanks, yeah I think the reason they have the probation for a ling time is alot of people leave within a couple of months.

Based on this if I leave my work will I be entitled to the 20days statutory leave or is it better to take a holiday and then leave ?

Prorata means you'll get half 20 days if there 6 months.

Dial Hard

Avatar MIA wrote:

Prorata means you'll get half 20 days if there 6 months.

If the OP works full time. OP, if you only work part time it's 8% of the hours you've worked.

nattatida

Dial Hard wrote: »

If the OP works full time. OP, if you only work part time it's 8% of the hours you've worked.

I work full time, in fact I average about 60 hours a week

Avatar MIA

nattatida wrote: »

I work full time, in fact I average about 60 hours a week

I think most if not all your questions have been covered, but there's a work problems forum that'll likely be more beneficial for a general discussion.

I think this forum is for legal professionals and students to discuss legal generalities.

Good luck.

nattatida

Avatar MIA wrote: »

I think most if not all your questions have been covered, but there's a work problems forum that'll likely be more beneficial for a general discussion.

I think this forum is for legal professionals and students to discuss legal generalities.

Good luck.

It has, thank you so much for the help. One last question though. I've been looking at the law regarding day offs. I've been doing 7 days straight and about 10 hours a day followed by 1 day off. I know the average working hours a week is 48 hours and I'm entitled to a day off in a week

Is the day off during the 7 day period or is it after? Thank you

Avatar MIA

nattatida wrote: »

It has, thank you so much for the help. One last question though. I've been looking at the law regarding day offs. I've been doing 7 days straight and about 10 hours a day followed by 1 day off. I know the average working hours a week is 48 hours and I'm entitled to a day off in a week

Is the day off during the 7 day period or is it after? Thank you

Give a read of this. Anyone that consistently works (on average over 13 weeks) over 48 hours is in breach (or their employer is).

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/hours_of_work/working_week.html