unpaid final wages

[saz1]

I was made redundant on the 22nd December from a job that I had been in for about 8 months.

I was told that i would receive any monies due in my next pay, which was the 31st December, I received my standard monthly wage for the work I had done that month as normal, but I hadn't been paid my remaining holiday pay I was due on leaving.

I contacted them twice by email with no response, and my was manager also tried to contact the secretary for me. I spoke to her eventually and she said she would 'look into it for me' and didn't hear from her again. I rang her again several times and have got the same response until This Monday I rang her and she said she was processing the payment and it would be in my account on Friday at the same time as everyone's wages. but surprise, surprise, I haven't received anything.

They now owe me nearly £1,000 in holiday pay and some extra hours I did once I had been made redundant.

I'm going to the CAB office on Monday for advice, but was wondering what options I have? Its on my mind and as you can imagine I am struggling with money and need it to live off until I find another job.

if anyone has any advice or experience with anything like this I would really appreciate it!

[Tools]

Re: unpaid final wages

Speak to ACAS on Monday and have a read here > http://www.acas.org.uk/index.aspx?articleid=2744

[teaboy2]

Re: unpaid final wages

Hang on, how did you work out they owe you £1,000 in holiday pay? Were you paid your redundancy pay, or is this also something your still owed on top of your accrued holiday pay and included in your above sum?

Seems a hell a lot money (nearly a months pay for those on minimum wage) just for holiday pay alone, when your statutory entitlement is 28 days minimum per year and with you only being their 8 months its even less (probably around 18-19 days entitlement) And your only entitled to pay for holidays you haven't already taken when you employment is terminated.

What does your contract say about your holiday entitlement, what is your basic hourly rate? How many weeks in total were you employed?

Withholding wages (including accrued holiday pay) on termination of employment is a breach of section 13 employment rights act 1998.

Also, why did you do extra hours after you had been made redundant and therefore after your employment had been terminated? As those hours will not count towards your contracted hours, since said contract was already terminated. You may therefore have to invoice the company for those extra hours separately as though you had worked them as a self employed person and non employee i.e. contractor.

[saz1]

Re: unpaid final wages

All i am entitled to is my accrued holiday pay, which i worked out on the gov.uk website calculator to be 123 hrs since the start of my employment, in which ive only taken 1 day holiday pay. The holiday pay and the 2 x 16 hour weeks i did for them comes to around £1,000.

In my contract it says the holiday year runs from 1st april to 21st march. and that the holiday entitlement is 5 weeks (which i did think was legally 5.6?). My hourly rate is £7.00 per hour and i was employed from 4th June 2013 to 22nd December 2013, 28 weeks and 5 days.

I worked extra hours simply because i needed the money, not being forewarned at all about redundancy, and finding out when they gave me a weeks notice, i hadn't planned for it and needed all the money i could get. I was told to fill in an hours sheet like usual and i would be paid into my bank in the normal way.

Thank you for both your help!

[teaboy2]

Re: unpaid final wages

All i am entitled to is my accrued holiday pay, which i worked out on the gov.uk website calculator to be 123 hrs since the start of my employment, in which ive only taken 1 day holiday pay. The holiday pay and the 2 x 16 hour weeks i did for them comes to around £1,000.

In my contract it says the holiday year runs from 1st april to 21st march. and that the holiday entitlement is 5 weeks (which i did think was legally 5.6?). My hourly rate is £7.00 per hour and i was employed from 4th June 2013 to 22nd December 2013, 28 weeks and 5 days.

I worked extra hours simply because i needed the money, not being forewarned at all about redundancy, and finding out when they gave me a weeks notice, i hadn't planned for it and needed all the money i could get. I was told to fill in an hours sheet like usual and i would be paid into my bank in the normal way.

Thank you for both your help!

What age group are you in, regarding minimum wage?

Did you work 5 day weeks? if not how many days a week did you work and how many hours per week?

The additional 2 x 16 hour weeks were worked after contract was terminated? Yes/No? Could argue they had reemployed you on 2 week implied fixed term contract. Even then that only works out at £224.

Based on the dates you provided for your employment start and start of leave year, and assuming you worked 5 days per week. Then you were entitled to 23 days holiday. Though any days you took off as holiday must be subtracted from that.

If you can tell me how many days you worked per week, hours per day you worked and how many days you took as leave during your employment. I can then calculate exactly what your holiday entitlement is.

As for the 2 x 16hr weeks you did after your employment had been terminated. Well we could argue that you were re-employed on an implied fixed term contract for that 2 week period.