Unused holidays

[booksandchoc]

Hey all, I just received my payslip for December and its states I have 8.00 hours annual leave still to be used, but the holiday year runs out today. I was previously told I had no holidays left, so I queried this with the HR manager today and asked if I could possibly have the holiday put through and claim overtime for hours worked previously in the week, but she said because this is the last day there is nothing that can be done and I have to accept I have lost those hours. Does anyone know if there is anything that I can do? Holidays can't be carried over unless your pregnant or on long term sick so that option is unavailable. Also I work in retail, for a very large company.

[DoreenLethal]

Who told you previously that you had no holidays left? Is it in your contract to be paid for overtime, and if not, does it make your pay fall below NMW for your age if you divide your wage for that period by the hours that you worked?

You need to write to the HR manager saying 'I previously have been told that I had no holidays left and now it would appear that:
a - I did indeed have holiday left and
b - I have lost them
c - the overtime that I have done is also not being paid.

Please can you advise, how do I get to take my 8 hours holiday, or carry it over, or get paid for it, as you know legally, employers have to allow their employees to take their full leave entitlement and to pay staff for the hours that they work and this all seems to be against government guidance.'

If there are things in the contract like 'overtime payments' then quote that at them. If it takes you below NMW then quote that.

Below are some links that will assist you in your arguments:
www.gov.uk/holiday-entitlement-rights/entitlement
www.gov.uk/overtime-your-rights/overview

[booksandchoc]

It was my supervisor whir told me I had no holidays left, holidays are processed through the holiday planner, which is basically a spreadsheet, the he manager admitted that there has been problems with the spreadsheet so it hasn't reflected the accurate allowances of all employees. Some people at work have had money taken from there wages this month due to having taken too many holidays, which they have done because the holiday planner said the still had hours to take. I'm working on Saturday and going to ask the store manager about it, if he can't do anything then I'm going to speak to head office. I just wanted to know really if it's a case of tough luck, I should have realised I had more hours to use, or if something can be done about it. Thanks for your help.

[booksandchoc]

Sorry, meant to say I am paid for overtime

[Stillunexpected]

Well you should be keeping track of your holiday allowance yourself yes but you should also be able to rely on the company system being accurate. What did your November pay slip say about holidays? If there were 0 hours on that one and 8 hours suddenly appeared on December's payslip I'd say you have a good case for being paid for those hours or being allowed to carry them over.

[daisychain01]

I would go for a compromise solution - ask to be able to take the time off sometime between now and end January.

They may well dig their heels in about paying you £money, but getting the intrinsic benefit of time-off could be something they'd be prepared to wave through (given it was arguably 50/50 that neither you nor they managed to sort the situation out before end of the year).

in other words, cut your losses, at least you will get some time off!

[Guacamowle]

Second the suggestion that you should ask to take the hours sometime this month - if there have been problems with the way the holidays have been recorded on the spreadsheet it is not your fault and you shouldn't miss out. And this year, keep a note somewhere of all the hours you have taken.