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employment

28.04.2016 14:46 #1
Hi I recently left my  job as a security guard last week I had 17 days holidays left to take but they wont pay me  them. Do i have a case ...regards.
10.05.2016 22:55 #2
Registered User
Sorry to hear you lost your job, hope something comes up soon.  It's probably not something that the SocDems can help with, but as a volunteer with the SocDems I was checking in on the forum and saw your post.

You can read up on it yourself at
http://www.citizensinf...ob_entitlements.html

and then it's up to you to decide if you want lodge a complaint (has to be within 6 months of the end of employment) at
http://www.workplacere...te_Make_a_Complaint/

If you have any questions that aren't addressed by those pages, you might need to see a solicitor.
10.05.2016 22:59 #3
Registered User
I think it depends on how long your working there and if you have 'worked up' your holiday hours. In my last job we had 24 holiday days but that was depending on working for a whole year full time and working up your holiday hours. So for example if I left my job in March I couldn't just presume that I had 20 days owed to me if I had taken 4 days holiday because I wouldn't have earned the rest yet... I hope that makes sense... I wonder the this apply in your case. My old job would display your holiday hours on your payslip
10.05.2016 23:15 #4
Registered User
Originally posted by tracey turnblad
I think it depends on how long your working there and if you have 'worked up' your holiday hours. In my last job we had 24 holiday days but that was depending on working for a whole year full time and working up your holiday hours. So for example if I left my job in March I couldn't just presume that I had 20 days owed to me if I had taken 4 days holiday because I wouldn't have earned the rest yet... I hope that makes sense... I wonder the this apply in your case. My old job would display your holiday hours on your payslip

I don't think that the way your old job calculated Holiday leave is legal since 1997.

The 1997 act starts with

https://www.workplacer..._Public_Holidays.pdf

Originally posted by ORGANISATION OF WORKING TIME ACT, 1997
2. HOLIDAYS Qualifying Conditions 2.1 There is now no qualifying period for holidays and all employees, regardless of status or service, qualify for paid holidays. All time worked qualifies for paid holiday time.


Good idea for keith done to dig out payslips & p45s etc, and make some written records now of what time you worked and what holidays you take.
10.05.2016 23:18 #5
Registered User
That's exactly how it was calculated. I was pro rata my earned holiday hours were in my payslip. You didn't have to have earned them before you could take time off but if you took 4 weeks holiday in March and left in a minus of hours they could stop your back week. Also if you left you would only be paid the hours on your payslip.
10.05.2016 23:23 #6
Registered User
Maybe you should go further down your document and see how holiday pay is calculated

Since the employee worked at least 1365 hours in the leave year, he/she will be entitled to four working weeks of paid annual leave for that leave year, which in this case is 24 days of paid annual leave i.e. 6 days x 4 = 24 days paid annual leave. However, if it is a leave year in which the employee changed employment, he/she will only be entitled to the amount of annual leave that he/she accrued during the months worked (one third of a working week per month worked or 8% of all hours worked, whichever is greater).


Also you could take all your holidays whether you accrued them or not ie24 days but whether you were paid or not was a different story.
10.05.2016 23:31 #7
Registered User
Ah, I had mis-understood your earlier post. Alll clear now.

Hope things get better for keith done sounds like he is owed a few weeks wages.
10.05.2016 23:36 #8
Registered User
No probs
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