Holiday pay due

stuartG81 · Post by **stuartG81** » 27 Dec 2007, 12:03

I got dismissed last Saturday for wilful delay and I'm due holiday pay, my old manager won't cough up.

saru · Post by **saru** » 27 Dec 2007, 12:46

Sorry to hear that, & just before Christmas, too.

Unfortunately, if it was summary dismissal you aren't due anything. How long were you in the job for...if it's over a year, it might be worth taking legal advice with a view to going to an ET. If you were in the job for less than a year you haven't got a leg to stand on!

stuartG81 · Post by **stuartG81** » 27 Dec 2007, 13:02

was in the job for 6 months.

i should be due my holiday pay still no matter what surely as i didn't take any holidays in the time i was there.

Post by **TrueBlueTerrier** » 27 Dec 2007, 13:22

The following is a quote from this site: http://www.iambeingfired.co.uk/holidaypay.html

If the employee leaves the employment not having taken all his leave during that period, the calculation becomes more difficult in the assessment of what he is entitled to. He is entitled to paid leave on a pro-rata basis on the calculation of 1.66 per calendar month if it is 20 days per year. All figures need to be rounded up in order to make the assessment. It is important to know also that the Working Time Regulations only apply to the minimum holidays and they do not apply to any greater number of holidays that are given which are still subject to contractual terms by the employer. For example, if an employer gives 20 days holiday per year plus bank holidays, he is in fact giving an extra 8 days holiday per year and those extra days are not subject to the Working Time Regulations and are subject instead to the terms that he imposes within the Contract of Employment.

In some circumstances, particularly when you are dealing with workers, there has been arrangements that the employee or worker, can through agreement, take holiday pay as part of an hourly rate provided it is with a written agreement between the parties. This is becoming again more common within the building industry and other sub-contracting basis.

Another interesting example of what used to happen in relation to dismissal for gross misconduct was that when holidays were purely contractual, many employers would have a clause in their Contract saying that if anyone was dismissed for gross misconduct, they would lose any accrued holidays. Under the Working Time Regulations, employers can no longer do this and even if someone is dismissed for dishonesty for example, they would still have to pay for any accrued holiday up to an including these amounts for Working Time Regulations Holidays obviously any additional holidays can still have a separate clause within the Contract of Employment to exclude them for it.

Might be worth trawling through the website. Are the CWU involved and will you be going for unfair dismissal.

stuartG81 · Post by **stuartG81** » 27 Dec 2007, 13:25

TrueBlueTerrier wrote:The following is a quote from this site: http://www.iambeingfired.co.uk/holidaypay.html

If the employee leaves the employment not having taken all his leave during that period, the calculation becomes more difficult in the assessment of what he is entitled to. He is entitled to paid leave on a pro-rata basis on the calculation of 1.66 per calendar month if it is 20 days per year. All figures need to be rounded up in order to make the assessment. It is important to know also that the Working Time Regulations only apply to the minimum holidays and they do not apply to any greater number of holidays that are given which are still subject to contractual terms by the employer. For example, if an employer gives 20 days holiday per year plus bank holidays, he is in fact giving an extra 8 days holiday per year and those extra days are not subject to the Working Time Regulations and are subject instead to the terms that he imposes within the Contract of Employment.

In some circumstances, particularly when you are dealing with workers, there has been arrangements that the employee or worker, can through agreement, take holiday pay as part of an hourly rate provided it is with a written agreement between the parties. This is becoming again more common within the building industry and other sub-contracting basis.

Another interesting example of what used to happen in relation to dismissal for gross misconduct was that when holidays were purely contractual, many employers would have a clause in their Contract saying that if anyone was dismissed for gross misconduct, they would lose any accrued holidays. Under the Working Time Regulations, employers can no longer do this and even if someone is dismissed for dishonesty for example, they would still have to pay for any accrued holiday up to an including these amounts for Working Time Regulations Holidays obviously any additional holidays can still have a separate clause within the Contract of Employment to exclude them for it.
Might be worth trawling through the website. Are the CWU involved and will you be going for unfair dismissal.

thanks for that, i got a letter saying it was for gross misconduct does this mean I should be due my cash?

Post by **TrueBlueTerrier** » 27 Dec 2007, 13:31

stuartG81 wrote:
thanks for that, i got a letter saying it was for gross misconduct does this mean I should be due my cash?

Mt guess would be yes you would be etitled but as I don't know employment law well it would be worth getting free advice from your local Citizens Advice Bureau.

This search page will be able to identify your closest one. http://www.citizensadvice.org.uk/index/ ... #searchbox

stuartG81 · Post by **stuartG81** » 27 Dec 2007, 13:39

think I'll phone the office tomorrow then just to give them a little warning that they owe me it.

saru · Post by **saru** » 27 Dec 2007, 13:53

Check this out, it's a link I found on the TUC website - http://www.worksmart.org.uk/jargonbuste ... nel=rights

summary dismissal
Summary dismissal is dismissal by an employer for gross misconduct and usually means that an employee will not receive any pay in lieu of notice.

I only found this out recently as someone I know has just been "summarily dismissed" & they lost all their owed Holiday pay.
Good Luck!

saru · Post by **saru** » 27 Dec 2007, 14:03

Just found this on the same site - http://www.worksmart.org.uk/rights/what ... ed_to_when

& this one - http://www.worksmart.org.uk/rights/im_l ... vent_taken

norbet colon · Post by **norbet colon** » 27 Dec 2007, 14:29

saru wrote:Just found this on the same site - http://www.worksmart.org.uk/rights/what ... ed_to_when

& this one - http://www.worksmart.org.uk/rights/im_l ... vent_taken

Royal Mail being backward and pulling a fast one -well I never -their board & senior managers earned Â£4.7 million in bonuses though. Â£0.5 million for Leighton's former sidekick Toime for "personalty clashes `" -didn't know they had any

wages act 92 -illegal witholding of

stuartG81 · Post by **stuartG81** » 07 Jan 2008, 14:34

apparently that summary dismissal is bollox

i just phoned wages and they said, it doesn't matter, you should still recieve the holiday pay, still not coughed up, i feel an angry phone call coming on

norbet colon · Post by **norbet colon** » 07 Jan 2008, 16:21

stuartG81 wrote:apparently that summary dismissal is bollox

i just phoned wages and they said, it doesn't matter, you should still recieve the holiday pay, still not coughed up, i feel an angry phone call coming on

I can remember a AG getting sacked in a Lancs Zoo for stealing high value watches from packets that were going to a repairer in Liverpool whilst he was tipping 2C PPI . Trying to sell them in a local pub wasn't very clever . Under WTR they gave him his holiday leave , Mg't wern't thrilled about it though .

stuartG81 · Post by **stuartG81** » 18 Mar 2008, 15:55

saru wrote:Check this out, it's a link I found on the TUC website - http://www.worksmart.org.uk/jargonbuste ... nel=rights

summary dismissal
Summary dismissal is dismissal by an employer for gross misconduct and usually means that an employee will not receive any pay in lieu of notice.

I only found this out recently as someone I know has just been "summarily dismissed" & they lost all their owed Holiday pay.
Good Luck!

see

summary dismissal = bollox

I filled out a form online the other day to take RM to an ET to get holiday pay, they have now coughed up and I get it on Thursday

moral of the story - royal mail managers = shitebags

norbert · Post by **norbert** » 18 Mar 2008, 19:33

norbet colon wrote:
stuartG81 wrote:apparently that summary dismissal is bollox

i just phoned wages and they said, it doesn't matter, you should still recieve the holiday pay, still not coughed up, i feel an angry phone call coming on

I can remember a AG getting sacked in a Lancs Zoo for stealing high value watches from packets that were going to a repairer in Liverpool whilst he was tipping 2C PPI . Trying to sell them in a local pub wasn't very clever . Under WTR they gave him his holiday leave , Mg't wern't thrilled about it though but it stayed within the post office.

After RM got shafted in the media re theft , Crozier did threaten to set his lawyers on the TV companies but we didn't hear much more about it , RM had to deal with a problem they previously were not inclined to deal with .