DH let go during probation period - what about holiday pay?

[Stroller15]

My husband has started with a company in the middle of August 2017 and was let go 2 October 2017 due to them replacing him with someone returning.

He was off sick the days before he was let go and when he came back in to work on the Monday, his boss basically said he should just clear his desk and he will pay him 2 weeks pay and his holiday pay.

The issue isn't whether it was fair he was let go or not. The problem is DH was only paid for the 2 weeks and is fuming about his 3.7 days holiday entitlement he didn't get. Is it just bruised ego talking and should he be thankful for the 2 weeks pay he did receive - or should he chase/keep chasing the company up on it?

Did he do something wrong? I’d be checking they acted reasonably in letting him go. What’s their probation policy say? Yes, unless i had made a major error, I’d be chasing for holiday pay and considering unfair dismissal.

So , he only worked there for around 6 weeks , had already taken days off sick and is unhappy he was let go without holiday pay ?
Have I got that wrong ?

considering unfair dismissal.

Pointless given that he has been there less than two years.

Was two weeks his notice period? If so then he's entitled to that plus holiday pay. If his notice period was less, they may be counting the holiday pay in the two weeks. Did he get the "two weeks plus holiday" in writing?

Was he entitled to payment for his sick leave and did he receive it?

If he is entitled to it then he should chase them, and if they're not agreeable he may go to small claims.

Have a look at the contract. What is the notice period? Statutory notice period is only a week with less than 2 yes service. If the contract therefore says that he is only entitled to one week and they’ve paid him two weeks then they’ve probably covered themselves off.

Sick within a few weeks of being there??

Yes sick within few weeks of being there! I didn't think he was that 'unfairly dismissed' at all - needed some good points to support my argument that he should take it on his chin, be happy about the 2 weeks pay and move on.

Thank you for the good advice Bombardier25966 and CharlieAndLolaCat!

3.7 days sounds like a lot of holiday for 6 weeks in a job

3.7 days sounds like a lot of holiday for 6 weeks in a job

Assuming 28 days entitlement would be 3.2 days for exactly six weeks, so 3.7 wouldn't be a lot if none has been taken.

He's lost a job and is griping about a couple of days holiday pay-I'd say he needs to get a bit of perspective!

Why did they get rid of him?!

OP, there are some really hateful people on here, ignore them. Your DH ought to be entitled to the contracted annual leave pro rated for the time he served. Get him to contact the company and ask for the money.

How many days was he off sick in the six weeks he worked there?

Yes they should meet the contractual obligations, and yes he can ask for it, I suspect though they may ignore him. I’m guessing he needs a reference.

Part of the issue could be the sick days. Did he have a doctors note and as said, how many in total did he have ?

Surely if you’re sick you’re sick. Your immune system doesn’t know how long you’ve worked in a place.

What was his contractual notice period?

How long was he off sick for?
Have they used the holiday pay to cover those days?

Was he entitled to be paid for the days off sick? Maybe that's how it works out - the days sick weren't paid, but the accumulated holiday pay actually was.

Why did they get rid of him

The OP said, because they replaced him with a previous employee.

And YY to this:

Surely if you’re sick you’re sick. Your immune system doesn’t know how long you’ve worked in a place

This is not AIBU, people.