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Original poster

Denied holiday pay, is this right? HR advice appreciated please.

31 replies

Snorkers · 13/04/2023 19:37

Hi, posting here for traffic.
Worked in a manual job and found it started getting to be very hard with the menopause symptoms like horrific joint pain, fatigue etc. Asked for a reduction in hours but my boss was being difficult so I resigned. They then started being difficult - low level bullying, ignorning me, leaving extra work for me to do and leaving extra heavy items to clear away so my GP signed me off until the end of my notice period.
I had about 3 weeks annual leave left to take from 2022/23 and around 2 days' from April, but my final salary doesn't include any holiday pay at all - just my last part month pay up to my leaving date. I now have to have a convo with my difficult boss.
What is teh deal here please? Surely I am entitled to some pay as I barely took any holiday last year - but my resignation (and time off sick) spans two leave years....

Thanks so much .

OP posts:
FruitBatBaby · 13/04/2023 19:41

Did your resignation get processed in time for payroll cut off? If not, you should see holiday pay next month in your final pay.

Holiday will always be pro rata for the year up to the point you resign. Have you considered that in your calculation? Could you be over your entitlement at a mid way point?

I'm assuming your contract says you get holiday pay?

If none of these are relevant then it's a conversation with your line manager or HR, but I'd be inclined to email so you have an evidence trail.

Hope that helps.

FruitBatBaby · 13/04/2023 19:43

One more thing I just thought of......you say you had a considerable amount of time left from a previous holiday year. What is your company policy on carrying unused holiday over? My company only allow three days to be carried over. Anymore than that is lost. Could this have happened?

Doidontimmm · 13/04/2023 19:43

What is your company policy re carrying leave from one leave year to the next? We are only allowed 5 days so would have lost the rest. You may not get 2/3 weeks if that’s the case.

Figgygal · 13/04/2023 19:45

Doidontimmm · 13/04/2023 19:43

What is your company policy re carrying leave from one leave year to the next? We are only allowed 5 days so would have lost the rest. You may not get 2/3 weeks if that’s the case.

Same
What is the policy on carry over

coffeecupsandwaxmelts · 13/04/2023 19:47

How did you have three weeks left of leave left over?

Most companies won't allow you to carry that over.

Custardbanana · 13/04/2023 19:48

When does your holiday year end?

Original poster
Snorkers · 13/04/2023 19:51

HI. I asked to take two weeks booked at the end of March, and wanted to carry over 5 days (the limit). but my request was ignored, and then I was not able to take the leave as went off sick.

My final salary pay (according to the person who does it) includes no holiday pay at all.

This is local government but a very small team - the clerk (boss) is the person who is being difficult but they make the decisions. Not really ure who else i can go to.

OP posts:
Original poster
Snorkers · 13/04/2023 19:52

holiday year is 1/4 - 31/3

OP posts:
Original poster
Snorkers · 13/04/2023 19:53

Sorry - missed a word = asked to take two weeks but NOT booked

OP posts:
coffeecupsandwaxmelts · 13/04/2023 19:55

I suspect you've lost your holidays because I don't know any company that would allow you to carry that much leave over.

You'd need to read your contract.

mummyh2016 · 13/04/2023 19:56

Snorkers · 13/04/2023 19:52

holiday year is 1/4 - 31/3

In that case I'd only expect you to be paid for holiday accrued from 1st April which depending on your hours and when you left may be 0.

sweeneytoddsrazor · 13/04/2023 19:59

If you haven't booked your leave then unfortunately you will lose it if you cannot carry it over.

Original poster
Snorkers · 13/04/2023 20:00

Ok thanks. I'd (wrongly) assumed that if you were not able to take your holiday due to sickness you still got paid, or at least the carry over allowance of 5 days. I think I may have like 1 day for the final part month owed and that surely must be paid

OP posts:
Oinkypig · 13/04/2023 20:00

If it’s local government then there should be some standard terms and conditions across the whole workforce not just your team. There should be an annual leave policy that sets out when you can and can’t carry leave or get paid in lieu eg. You might be expected to have taken (or at least requested even if it couldn’t be authorised due not enough staff or whatever) certain amounts of leave by a point in the year, if you haven’t complied with this then they might not have to pay you. Just ask HR what the policy is, possibly your difficult boss hasn’t told them you requested leave therefore you forfeited it. Hope it gets sorted in your favour.

Instructionmanual · 13/04/2023 20:02

If you’re local government speak to payroll. Are you in a union?

BernadetteRostankowskiWolowitz · 13/04/2023 20:03

When did you try and book the leave and why was it refused?

FatAgainItsLettuceTime · 13/04/2023 20:07

You haven't been denied holiday pay.

It hasn't been paid into your final salary but that could be because it's paid separately or because it missed the payroll run. You don't know because you haven't asked. That should be your first step.

Lottieloo123 · 13/04/2023 20:10

if you are sick, you receive sick pay. You can reclaim lost holidays if you fall sick during a holiday . A little bit more info on when you resigned, sick leave and request of holidays. Worst comes to worst submit a grievance and contact acas

Original poster
Snorkers · 13/04/2023 20:11

I handed in my notice in early March, and I asked to use up my outstanding leave (by email) later that month but was ignored (the boss did not reply to confirm or deny my request). Then they started with the bullshit so I told my GP who has been helping with HRT and she signed me off. Whern I sent in my sick note my boss never replied or ever spoke to me or replied to my email again.

'HR' is one person who said he's been told by the boss that's what my pay is! It's a tiny town council.

OP posts:
coffeecupsandwaxmelts · 13/04/2023 20:13

BernadetteRostankowskiWolowitz · 13/04/2023 20:03

When did you try and book the leave and why was it refused?

It reads to me like she didn't book leave - just asked about it, then went off sick?

Original poster
Snorkers · 13/04/2023 20:13

I have been denied because I asked the person who runs payroll when it would be calculated and he said he had been told by the boss that my entitlement was for the part month only - no holiday pay is going to be included. He told me the amount I am getting paid - just the working days up to my last day.

OP posts:
Oblomov23 · 13/04/2023 20:14

You will need to email your manager, cc in payroll and HR. And put this all in an email. That your holiday was refused, denied. And because of that you expect to be paid all these days. X days. And x days from this year. Total x.

Dibbydoos · 13/04/2023 20:14

I understood that as the legislation states you are entitled to xyz holidays and you couldn't take them due to I'll health, you are paid them. But I may be wrong, so take it up with HR and call UCAS. Dig out your contract so UCAS can advise you properly.

So many crap managers around. Its true that people leave bad managers not bad companies or jobs...!

sweeneytoddsrazor · 13/04/2023 20:15

Sadly I had a number of colleagues that lost holiday this year because they left it too late to book. Whilst I hated refusing it, I did remind people at various points how much they had left to book and I did fit as many as I could in with some days double the number we are allowed to have off at once, which obviously made it difficult for other colleagues. We do have a clear policy though that you are only supposed to have 1 week left to book after Xmas so we don't end up in the situation where you have multiple people off throughout March, sadly you can't always make them listen. What I should have done was tell them that as they hadn't followed policy I was booking them off x week or y week. Lesson learned for me and them.

Quveas · 13/04/2023 20:20

Oinkypig · 13/04/2023 20:00

If it’s local government then there should be some standard terms and conditions across the whole workforce not just your team. There should be an annual leave policy that sets out when you can and can’t carry leave or get paid in lieu eg. You might be expected to have taken (or at least requested even if it couldn’t be authorised due not enough staff or whatever) certain amounts of leave by a point in the year, if you haven’t complied with this then they might not have to pay you. Just ask HR what the policy is, possibly your difficult boss hasn’t told them you requested leave therefore you forfeited it. Hope it gets sorted in your favour.

Local government usually has higher leave entitlement than the minimum. But the terms are that you can only carry over anything below statutory minimum and even then only if you have long term sick leave - which 3 weeks wouldn't really be. The terms changed a few years ago to stop contractual leave being the entity if you were off sick.

As others have also said, payroll cut off dates may be relevant

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