To think I'm due to be paid accrued leave?

[edwinbear]

I recently left a job I'd only been in for 7 weeks for a number of reasons. It was an apprenticeship and they withdrew the apprenticeship aspect of the role 2 weeks after I started, they also refused to give me any training or actual work to do, and at the point of leaving I was still waiting for a desk phone and access to the shared e mail which the work flow came into. But primarily, because I got a substantially better job back in the industry from which I'd been made redundant 9 months prior.

I did not work my notice, explaining to my line manager I believed it mutually beneficial as I wasn't actually doing anything other than on line learning.

I had not taken any annual leave and had accrued 2.5 days, which they are now refusing to pay as apparently I should have taken it whilst working my notice, ACAS tell me, regardless of whether I worked my notice, I have a statutory right to paid leave and they cannot withhold this.

AIBU to pursue this or should I rack it up as a consequence of not working my notice?

They sound like nightmare employers IMHO. Personally, I wouldn't be inclined to have pursued it if they had treated you properly.

I claimed for 3 further hours from writing a grievance about a manager who had been spiteful and petty on my last day about my accrued hours.

They paid me and grievance sorted.

How did she land them in it raina? She wasn't doing any useful work

"Today 07:26 user1495025590

bp some poor advice on here. Firstly if you worked 7 days without leave you willbe entitled to more than 7 days"

Surely this makes no sense? 7days on, more than 7 days off is that what you're saying? How can that be eight?

Be right

This is one of those cases where it can get over complicated in terms of "pursuing legal rights". OP you are legally entitled to be paid for the statutory annual leave which is 28/52 x 7 = 3.7 days, although any bank hols or leave already taken will reduce that.
It would not be worth the expense or effort to go "all the way" to an employment tribunal for this amount. However it is worth writing a formal letter requesting payment. And if that fails, ask ACAS about "early conciliation".
The firm will probably stump up the cash at some point even if it takes a bit of time.
They will not pursue you for breach of contract for quitting without notice. As a pp said, this never happens - it would not be worth their time or money to do that. Even if they "threatened" to do so, they would be bluffing I guarantee it.

I do hope you're not an employer rainabaina.

Also OP, ignore the people telling you they'll pursue you in return. They'd have to show damages. You were an untrained apprentice who'd been there a few weeks. That's not going to happen and wouldn't be worth their while. If you decide not to pursue this because of time and effort, fine, but don't do it on the basis that they'll tit for tat you.

Personally I'd certainly, at a minimum, write to them setting out the law and asking to be paid or you'll go to a tribunal. This is useful:

unpaidbritain.org/guide-to-claiming-unpaid-wages/

People are saying you got leave instead of working your notice, but that depends when your leave date was. On your P45 is it the last day you worked, or have they added 2.5 days? If the latter then you've been paid already, if not then you are legally entitled. Not working your notice is a separate matter and they would need to prove they were out of pocket for that. If you weren't doing anything anyway then that will be hard. As others have said, they won't pursue it, I wouldn't even worry about it. Write them a letter before action, I bet they pay up pretty quick. It might not be a lot of money to some in here but I'm guessing if it was an apprenticeship you weren't earning much anyway so it'll matter to you.

The point about the contract is that if they say in your contract that if you don't work your notice they will withhold your accrued/unused holiday pay to cover the period you should have worked, you'd have to fight it at tribunal to prove it was unreasonable for them to do so.

Also it would cost you around £400 to take it to tribunal regardless, so unless the pay is more than that, it isn't worth it.

Ignore so emotional the inaccurate advice here op.

Yes they can go after you for breach of contract for not working your full notice but they'd have to prove that you not working your full notice was detrimental to the business, which given it was an apprenticeship, you had no work to do etc they would have no chance of this. I also assume they didn't challenge you when you said you didn't want to work your notice.

What's in your contract is irrelevant, contractual terms cannot trump statutory rights if they are less favourable. Email your HR dept who should know full well they are pulling a fast one in the hope you'll go away and tell them you expect your holiday pay to be paid up as per your stat right.

No idea how the word emotional crept into my post!

Thanks all, some very useful advice. To clarify a couple of points, whilst it was an apprenticeship (which they pulled when I was in situ), it was in the civil service so paying a 'proper' wage. It's only £250 we're talking about and my new job pays 3 times what I was earning there so it's a point of principle as opposed to me being desperate for the money. It's probably not worth pursuing all the way to a tribunal, and I accept I was in the wrong by not working notice, however, I wrote in my resignation letter 'given I have not yet been integrated into the work flow, I believe it mutually beneficial if I leave with immediate effect' which my manager didn't challenge. I don't consider myself a 'nightmare employee' I could have stayed for a month, staring at on line learning, which would have cost them more than my £250 accrued leave.

I think a letter challenging their decision is worth doing by the sounds of it, but probably not taking it any further than that.

Employment lawyer here OP. Those who have said you're entitled to your accrued unpaid leave are correct. If you bring an unlawful deductions from wages claim they can't counterclaim. They can only do that if you bring a breach of contract action.

Start the ACAS Early Conciliation process (you'll find it on their website) and ACAS will then contact your former employer in your behalf. It won't cost you anything and you've got to do it anyway before you commence proceedings in an Employment Tribunal. Don't leave it too long though. You've only got 3 months from the date your last salary payment was made to start the ACAS EC process.

As far as your breach of contract is concerned they have to prove that they've suffered a financial loss as a result of your breach e.g. Having to pay someone overtime to cover your work. They'd then have to deduct from that cost what they've saved in not paying you and they can sue for the difference. The reality is that in most cases there's no financial loss or if there is it's so negligible it's not worth suing for.

footballmum thank you. I didn't know I could start conciliation without cost. That sounds the way to go, and thank you for confirming I wouldn't be wasting my time in doing so.

You're welcome You only have to pay a fee if you decide to issue proceedings and even then if you're successful in your claim the Tribunal will order the other side to pay your fees back to you.