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Am I too late to claim for my missed holiday days?

  • 17-08-2019 4:26am
    #1
    CESchemer
    Registered Users, Registered Users 2 Posts: 4 ✭


    I'm on year 3 of a CE scheme. In my first year, the management neglected to inform me when my year was up. As I felt the date must be getting kinda close (I had the month off, I thought there were at least 6 weeks left), and I hadn't taken a single holiday day, I asked when my finish/start date was. They said "A couple of weeks ago. You've lost all your holidays. Nothing we can do."

    I only recently became aware of the Organisation of Working Time Act, 1997, which states:

    "23.—(1) Where—


    (a) an employee ceases to be employed, and


    (b) the whole or any portion of the annual leave in respect of the current leave year or, in case the cesser of employment occurs during the first half of that year, in respect of that year, the previous leave year or both those years, remains to be granted to the employee,


    the employee shall, as compensation for the loss of that annual leave, be paid by his or her employer an amount equal to the pay, calculated at the normal weekly rate or, as the case may be, at a rate proportionate to the normal weekly rate, that he or she would have received had he or she been granted that annual leave."


    My problem is that I'm not far off finishing year 3, and if I understand the act correctly I may have missed my window to claim that pay when my scheme ends. Is this the case?


Comments

  • #2
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    It's hard to follow your post. What does having a month off mean?

    Edit. I'm more awake now, sorry. You were in between CE scheme jobs for a month, and possibly on social welfare for that month?

    I think you should talk to someone in citizens advice.

    If it were a non CE scheme job you would be entitled to go back and claim unpaid pay. But, I'm not sure exactly what a CE scheme entitlements are. Worth checking out.


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