Old job never paid my holiday pay - how to appoach?

whiskeyman

Hey,
I've left my employer from hell nearly a month now, and only now have I received my final payslip and P45.
My tax is all over the place (as expected), but I should be able to sort that myself with the tax office.
However, they never accounted for my statutory pay in the payslip.... in fact, there's actually an entry called "Holiday" there with a deduction!! wtf??

I started with this company in April 04 and took little holidays that year. I only took a handful of days of this year, and would have expected them to be covered by last years allocation as they were within 6 months of the working year. I had agreed this with my line manager.

Now, if the above stood, I would expect at least 2 full weeks holiday pay (based on my half year employment). As to why there's a deduction there is beyond me.

Basically, I've had so much trouble with these incompetent fools, its causing me much grief. I now need to appoach them looking for my holiday pay.
Thing is, their HR dept is based in the UK (never met them) and they know little or nothing about me - they do have one person in accounts here who does some HR duties.
My line manager keep holiday details in an excel spreadsheet.
Can I demand these records?
What if they say "Sorry, but you took all your holidays during the year".... Where do I stand?

I requested my payslip and p45 from the person in accounts... should I approach her first? Or go straight to my old line manager?

I need to do everything here correct and as professional as possible as I'm expecting the very worse from this company, and am prepared to take them to court if they dont abide by law.
How would you guys approach this scenario?

Thanks for any help / advice.


(btw, I resigned from this job after realising they were breaking my contract on many times and had many ill tempered discussions with my MD over opportunities for my future. I felt I acted professionally throughout, and had found these guys out as "cowboys").

dub1dude

www.oasis.gov.ie

Has all the appropriate information and online Acts regarding your question.

If that doesn't work get a solicitor. Or contact your union.

whiskeyman

dub1dude wrote:

www.oasis.gov.ie

Has all the appropriate information and online Acts regarding your question.

If that doesn't work get a solicitor. Or contact your union.

cheers.
Yup, I'm well familiar with oasis.gov site... had to be over the past year.

I know I'm due the pay, but its what to do when you dont get it, and how I make my approach well so, if I do have to take the issue further, I have a better case.
It's more advise on the approach to the company... can I demand holiday details from them? What would happen if they say I've taken my annual leave?

I wasnt in any union... I guess it looks like solicitor time.

djk1000

Sounds pretty tricky, I'd say the best thing is to speak to an employment rights commisoner, here is a link,

http://www.lrc.ie/ViewDoc.asp?fn=/documents/work/rights_commissioner.htm&CatID=16&m=w#Who%20are%20Rights%20Commissioners%20and%20what%20is%20their%20role?

I am an employer and without seeming to give you legal advice, I'm under the impression that as an employer the burden of proof in disputes fall on me.

whiskeyman

djk1000 wrote:

Sounds pretty tricky, I'd say the best thing is to speak to an employment rights commisoner, here is a link,

http://www.lrc.ie/ViewDoc.asp?fn=/documents/work/rights_commissioner.htm&CatID=16&m=w#Who%20are%20Rights%20Commissioners%20and%20what%20is%20their%20role?

I am an employer and without seeming to give you legal advice, I'm under the impression that as an employer the burden of proof in disputes fall on me.

thanks for that djk.
I was unaware of a rights commissioner.
I'm going to email the employer asking to explain the "holiday" deduction on my payslip and account for the outstanding holiday pay.

If the answer is unsatisfactory, I'll have no option but go through a rights comm, and anything else.

RainyDay

The Dept of Enterprise Employment Rights people are pretty good at helping out and providing advice in these cases.

Our man in Havana

Rights commisioners are impotent in dealing with such matters as their discisions are not binding and can be simply ignored. I speak from personal experience here.

You are best to deal with a solicitor.

tk123

AFIK you can't carry holidays over from one financial year to another unless agreed with your employer so you would only be due holidays from April of this year...