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holiday pay after contract end not paid

8 replies

bozo14 · 01/01/2015 17:46

Hi all.

I have been on maternity leave and on the 1st of october i handed in my months notice. To end 30th of november. On the 30th of november i receuved the rest of my maternity pay. But no holiday so i thought ok maybe it would be yesterday the 31st. But still nothing. Ive taken 3 days in january. I think im due 20 days. Is this right? Ive text my old boss but dont expect a response until monday. Im just wondering if i am correct and i am due this money? TIA

OP posts:
grumpyoldgitagain · 01/01/2015 17:56

From my understanding of what you have written you handed in notice and are unemployed from end November so have been paid maternity until then

I could be wrong but if you wanted holiday pay you should have said notice given to finish December, maternity until end of November and owed holidays which take me to finish

I think the way you have done it you have lost the holiday pay

grumpyoldgitagain · 01/01/2015 17:57

Which seems really shit and hopefully someone will correct my understanding of it

Amummyatlast · 01/01/2015 18:13

Yes, you are entitled to be paid your accrued annual leave. Sometimes employers are not very knowledgable about your rights. My DH's employers failed to pay his accrued annual leave when he resigned at the end of additional paternity leave and we had to chase them for it.

Tutt · 01/01/2015 18:37

It depends on how long you've been there, how much holiday you accrued and how much holiday you have already taken.

bozo14 · 01/01/2015 18:56

My employer doesnt know much but he outsources the payroll. Im not sure if he told them i handed in my notice. I was there 6 years i guess i will see what he responds. Im entitled the the national 28 days including bank hols.

OP posts:
FishWithABicycle · 01/01/2015 19:07

Does the company have an official annual leave year? Where I work the annual leave year runs 1st April to 31st March, and employees have to use their entitlement by 31st March. People on casual occasional work/zero hour contracts and who leave after maternity leave get their owed holiday pay calculated on 31st March and paid in the April payroll. This may be what is planned. Or they may be trying to avoid paying what you are owed. You can only find out if you (politely) enquire.

Tutt · 01/01/2015 21:57

What month did you start and does your company run 31st March to 1st April as OP said?
If runs to 31st March are these 20 days from last April?
If not how many days do you have for this year owing?
You will have had all of the previous owed holiday from past years as you don't have to work x amount of time now to be entitled or should of.

Millerpup · 02/01/2015 21:25

You are on maternity leave and have had to follow guidelines with your employer to qualify for your SMP, which is paid for 39 weeks. If you wish to change the return to work date (which you have by giving in your notice) you are supposed to give eight weeks notice when in receipt of SMP.
This is not as straight forward as you think regarding holiday pay owed and I would advise you to contact acas asap.

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