Final pay slip - no accrued leave paid

[zarah21]

Hi all,

Wondering if I have ANY leg to stand on....

Left employment Aug 2022, asked for payslip and breakdown. Nada.
Chased it. Nada.
Finally received it after last chaser... transpires no accrued annual leave was paid. I'm missing approx 2.5 weeks pay.
Questioned and I'm just getting ignored.

They were pretty sh*t employers. Anyone know if I can escalate it this stage, given I have just received the payslip?

*I should mention i also chased for my 5 years of service bonus voucher and I got a shtty response,

"Thank you for your enquiry. However, I am afraid the situation is now closed, and no future correspondence will be entered into on this matter."

But I see accrued annual leave as different to above. The bonus is a loss fine, but accrued annual leave?!

If these things are in your contract then you’re entitled to them.

Unfair deduction of wages claim is 3months minus 1 day from the time it happened so I'd say you're out of time for tribunal. You could raise an ACAS claim though and see if it pushes them to pay you

Do you have a union? Raise it with them, otherwise ACAS.

Our of interest, what is a 5yr bonus voucher? I've heard of NHS staff getting longer A/L after 5/10yrs- is this the same?

I had issues with a dreadful company years ago. I had multiple back and forth emails and it was only when I mentioned 'unfair deduction for wages' they paid out. I don't know if it needs to be raised sooner than 7mths later though- so seek advice.

Take them to small claims. You need to send a letter before action stating the amount you’re owed, mention that if you do take them to small claims, court costs will be added on. Give them 28 days - you can then file the action easily online if they don’t pay.

Given that they failed to provide a payslip in a timely manner, this should count from the day she got it. Isn't it an employers contractual obligation to provide payslips (digital or paper) to each employer in a timely manner?

That is the time limit for an Employment Tribunal claim. OP may be able to claim out of time on the basis that the employer's failure to provide a payslip as required by law meant she could not claim earlier. Alternatively, she can use the small claims court and claim breach of contract. The time limit there is 6 years.

@zarah21 Your ex-employer must pay you for any untaken statutory leave. If your contractual leave was higher than the statutory minimum, your contract determines whether they have to pay you for that as well. Statutory leave is 28 days (including bank holidays - that is 20 days plus bank holidays). So, for example, if an employer gives you 33 days (including bank holidays) and you leave 3 months into the holiday year during which time you haven't taken any leave and there have been no bank holidays, they must pay you 7 days for the statutory leave. Depending on what your contract says, they may also have to pay you a further day for the contractual leave.

If the bonus voucher was contractual, you can also take action against them for that.

Thanks for the advice everyone.

For my 4 weeks notice one of them was annual leave... and that wasn't paid either.

I took my 3 years of service £1k voucher and spent it before handing notice in. I started to think this is them claiming it back. Even though I am earning it two years prior.

My 5 years of service voucher, a £1.5k voucher was never given.

And then it transpires, my annual leave was never paid.

I had annually, 25 days plus 8 bank hols, j left Aug having only taken 5 days, during notice period which wasn't paid.

I have raised this with acas, I have a case number and will see. Really I just want the annual leave, I won't bother about the voucher, they tell me they won't pay it.