Got let go due to covid. Was not paid for holidays owed.

JackieChang

I was given my notice 30 days ago. Got let go due to covid.

Today was my final day.

I got my last paycheck in the bank today, but was not paid my holidays owed.

I work in a sort of "startuppy" company which is a bit disorganized.

HR is non existent - the secretary / admin / general person does the payroll.

Because I know it's a bit disorganized, I emailed the secretary when I got my 30 days notice and told her: I will be in a bad situation financially in 30 days, can you please ensure that I am also paid for holidays whenever you are sorting out my final salary.

Well I was not paid for them. I took two days off in January, so I have 18 days left.

Are they allowed to not pay me? I have a feeling they're chancing their arm and hoping that I won't bother raising the issue.

According to citizens info, I am entitled to:

1. Pay that you are owed for work you have done
   
2. Payslip – showing your gross pay and any deductions
   
3. Payment for annual leave which you have earned but not taken

I got the pay that I am owed for work. However not the next two.

How long should I wait before I send an email asking where the pay is? I guess I should wait for my payslip to come through. Maybe there are a few extra steps to organize holiday pay. Anybody with experience in this area?

Is there some legal loophole where I can end up not being paid for holidays?

The word "may" in this sentence is what's getting me worried (from citizens info):

When you lose your job you are entitled to notice and you may also be entitled to payment in lieu of wages and for holidays.

Thanks

wench

JackieChang wrote: »

Well I was not paid for them. I took two days off in January, so I have 18 days left.

Were these carried over from last year, or your 2021 allowance?
If it's the latter, you wouldn't be entitled to all 20, closer to 3.5

antix80

Do you actually think you get paid for 20 days when you leave at the beginning of the year?

It's 20 days a year. So by the end of February, after taking 2 days you'll have one and a bit left.

johnboy1298

How long did you work for them?

JackieChang

johnboy1298 wrote: »

How long did you work for them?

Roughy 21 months

Do you actually think you get paid for 20 days when you leave at the beginning of the year?

Yes. I guess now no.

Were these carried over from last year, or your 2021 allowance?

That leads me to another question. Am I entitled to be paid for holidays carried over?

wench

JackieChang wrote: »

That leads me to another question. Am I entitled to be paid for holidays carried over?

I think only if it was untaken as a result of illness.

acer911

What you need to answer for us is. What period does the company’s annual leave run? I.e is it Jan to Dec?
Then how much allowance do you get each year? And how much of it did you use in your last and current year?

acer911

wench wrote: »

I think only if it was untaken as a result of illness.

Not necessarily just because of illness. Company policy may allow you to carry over a max of 3, 5, unlimited or no days. You need to review your contact to see.

kirving

antix80 wrote: »

Do you actually think you get paid for 20 days when you leave at the beginning of the year?

It's 20 days a year. So by the end of February, after taking 2 days you'll have one and a bit left.

Explain why the OP would not be entitled to pay for holidays not taken in the previous calendar year?

glasspicklejar

OP needs to clarify:

Do the 20 days mentioned refer to holidays earned but not taken in 2020 or are they the 20 days that would have expected to earn in 2021.

If it's the 20 days that they would have expected to earn in 2021, well they've only earned 20/12 * 2 months = 3.33 days. If OP expected to be paid all of 2021's 20 days, that's a mistake.

If the 20 days refers to holidays already earned in 2020, but not used by the company's year end (whenever that may be), then it will depend on OP's contract and then fall back to employment law.

Sounds like it may be the former.

Renault 5

kirving wrote: »

Explain why the OP would not be entitled to pay for holidays not taken in the previous calendar year?

Where does the OP state carried over holidays from last year?

OP

It’s normal that at the start of the year you are informed of your holiday entitlements.

Let’s say 22 days for 2021

It’s normally calculated at 1.5 to 1.75 days per month worked within that year.

Normally it’s Managers discretion to let people take more holidays at the start of the year then what’s owed based on months worked.

Eg: taking a week off in Jan when technically you should be taking only 1.5 days.

Managers do this expecting that you will be working the full year.

So without knowing your entitlements If you haven’t taken any holidays so far. You would be probably owed 3 to 4.5 days in holiday pay.

Just my opinion.

kirving

Renault 5 wrote: »

Where does the OP state carried over holidays from last year?

OP doesn't state how long they've worked there in the first post, but do ask later about carry over entitlements.

The vast majority of people I know like to maintain a buffer of at least a few days just in case, but last year carried quite a few more due to travel restrictions.