Employer holding back annual leave pay after leaving.

[Hopkins1666]

Hi all,

I informed my company boss that i was leaving the company. I handed my notice in on Friday 18th August and gave 1 weeks notice. Sadly a family member had taken very ill and I have had to attend to them. I could not work my notice period due to looking after them. I informed my workplace of this each day of that notice period week. I get paid a week in hand, and always get paid on a Friday. Pay day has been and gone and my boss has not paid me for the previous week to my notice period while I was still employed there and on annual leave. I was on annual leave the week before. I have contacted the boss and he said he is not paying me the week I was on annual leave because I did not attend work during my notice period, even though I informed them each day I could not attend due to a very sick family member. While working there I have been given no contract and signed nothing. I have worked at the company 15 months. Surely what he is doing is illegal and he has to pay me for the time I was off on annual leave? I still have holidays left that have been accrued. Any advice is welcome, thanks. Paul.

[ULA]

From.what you have said it appears you had enough holiday accrued to take the weeks leave you had. In which case you should be paid for it. As you did not work your notice due to the unforseen circumstances of a sick family member, then you cannot expect to be paid for your notice week.

I would suggest you email your boss and explain that to not pay you for your annual leave, which is time you had accrued would be an unlawful deductions of wages as is not paying any accrued but untaken holiday, at the time you left the company. Give him 7 days to make the outstanding payments and explain that if not you will start Early Conciliation proceedings via ACAS. Acknowledge that you accept that as you did not work your notice you do not expect to be paid for that week.

[Hopkins1666]

From.what you have said it appears you had enough holiday accrued to take the weeks leave you had. In which case you should be paid for it. As you did not work your notice due to the unforseen circumstances of a sick family member, then you cannot expect to be paid for your notice week.

I would suggest you email your boss and explain that to not pay you for your annual leave, which is time you had accrued would be an unlawful deductions of wages as is not paying any accrued but untaken holiday, at the time you left the company. Give him 7 days to make the outstanding payments and explain that if not you will start Early Conciliation proceedings via ACAS. Acknowledge that you accept that as you did not work your notice you do not expect to be paid for that week.

Many thanks for your reply. I agree that I am not expecting to be paid for the week i was off during my notice period. Thanks.