Holiday pay for a leaver

[thecalpollady]

Hi again. Just want to check the legal standing on someone who has left our company and gone to work elsewhere without notice. Is he entitled to holiday pay? Direct gov says we owe him 12 days. Boss says are we legally entitled to do this? I'm still new to all this.

Legally entitled to do what? Withhold holiday pay?

As with any leaver, he accrues holiday up to and including his last day of employment. The fact that he didn't work notice means he won't get paid notice and won't accrue holiday during his notice period.

Ok so the ex employer is entitled to holiday pay. I guess the boss is trying to find a way out and not pay him.

You're welcome.

You have posted several times asking for advice for your employer on the grounds that you are new to this.

Given the first time was more than two years ago might I suggest it's time for your boss to step up and pay for some proper advice before you (by which I mean the company) get yourself in trouble?

If you are not able to advise your boss without asking on a parenting forum you need to get him to give you and/or him access to proper advice. Part of being an employer is recognising this and paying for it, not getting staff members to ask on the Internet.

Well I mean, come on!

Am cross on OP's behalf as much as anything. She seems to have ended up being responsible for her boss's employment law advice without being qualified to do so and because the boss is too tight to pay for proper advice is reduced to asking on here.

Well, quite.

Fine won't bother bothering people with pointless questions!

Who said the questions were pointless?

They are not pointless questions, and of course you should be asking them rather than not paying someone what they are entitled to and getting into trouble.

The point isn't that the questions are pointless, the point is that an employer should be paying for proper advice, not doing it on the cheap by getting staff to ask for free advice on a parenting forum.

Why don't you ask him to send you on a course? If you are providing HR advice, a bit of training might be a good plan. That at least might provide you with the basics (such as the answer to this question). You might still need to reach out to professionals (and possibly pay for additional advice) where things get more complicated.

It's in your interest to do as the others say tbh, simply because if you ever have an issue where you need to back up your stance, the reply "someone on mumsnet told me" is going to get you into a lot of trouble and potentially expense.