Last wage - lieu days missing

[marcinj]

Hi all.

I send email to my managment :

"I do not have a contact to XXXXXXXX Payroll Office so I think that one of you will be able to solve this problem.

In the period 1 January to 14 September 2012 was 6 days bank holidays. According to the agreement and shift schedule, I have an additional 6 days of holidays. It is not included in the final salary and P45. Please transfer the outstanding wages and send the corrected P45 as soon as possible."

Nothing happend. No reply.
Now I ready to send them a letter before action.

RE: Unpaid lieu days

Following my last email I sent on the 29 September to xxxx xxxx asking to correct my P45 and add 6 lieu days to last wages payment which I haven’t received any reply, I am writing to you to inform you of my intentions. This is my letter before action.

If I do not receive your proposals for the satisfactory settlement of my outstanding claim within the next 14 days I forced to seek redress through an Employment Tribunal, as the failure to pay wages and holiday due represents an Unlawful Deduction contrary to S.13 of the Employment Rights Act 1996.


Your sincerely,

Whether it is a correct form of action or do I need to change something?

Martin

[Hurricane Puffrose]

Re: Last wage - lieu days missing

BUMP

[teaboy2]

Re: Last wage - lieu days missing

There isn't anything that needs to be added here as you covered what your entitled to and there breach of the employments right act. Though were you dismissed (if so under what circumstances) or were you made redundant? Also did you have a written contract confirming that you would be paid bank holidays in lieu?

[marcinj]

Re: Last wage - lieu days missing

Also did you have a written contract confirming that you would be paid bank holidays in lieu?

I do not remember. It began over four years ago, so I will be rather difficult to find something in writing.
Over the last years I had the extra days off. I want to know why they do not exist after I left. I thing they should pay me.
The reason for leaving is a better paying job. Closer to home.
I spoken with my aftersale manager. - He ignored me
I send the email to my group aftersale manager. Same think.
The letter is to the company owner.

Martin

[teaboy2]

Re: Last wage - lieu days missing

Ahhh... Right that is a problem then since it was over 4 years ago, as the time limit for making any claim at employment tribunal which would be the court of choice in these circumstances, is 3 months from the course of action. So your only recourse now would be the small claims court.

But before we do that, we need to find out exactly what the circumstances were for you leaving the company. Chances are, if you were sacked or made redundant you would probably remember that, where if you left or quit it's not as likely to stick in your mind, like being sacked or made redundant. But we still need to be certain. We also need to be certain that you did not take those days in lieu off prior to leaving, which is a possability if you not able to remember leaving.

My advice would be to do a subject access request (sent with a Ł10 cheque to cover the statutory fee) requesting copies of your wage slips, employment contract, and employee record/file and anyting else that contains your personal data or is reference to you.

[marcinj]

Re: Last wage - lieu days missing

Maybe from the beginning:

I worked in a company X the last 6 years.
For the past four years in shifts Monday Tuesday Thursday Friday.
Two shifts. Both always worked together Tuesday to Thursday.
Bank holiday has always been a day off from work. Paid.
To make it fair my shift have day in lieu; if we worked week from Tuesday to Friday and Monday was a bank holiday.
September 7, I gave notice to my service manager.

My notice ....
"Dear Mr. xxxxxxxx
This letter is to inform you that I am resigning my position as xxxxxxxxxxxxxxxxxxxxx, effective one week from today. I regret that I am unable to give you two weeks notice, but an unexpected opportunity requires me to be available in ten days.
If there is anything else I can do to ease the sudden change, please let me know.
Thank you for the opportunity to work and learn at xxxxxxxxxxxxxxxxxxxxxxxx. It has been a valuable experience for me. I truly regret having to leave on such short notice but hope you understand."

They agreed to this on condition that this last week will use my holiday.
I received my P45 and a payslip. However, it lacks my six days which belong to me because the shift schedule.
Workers from a second shift used bank holidays from 1 January to 15 September. (6 of them are in my day and lieu)
Over the past three years I had always added day in lieu for my holiday.
I believe I should receive the additional payment for 6 days or explanation in writing.

Martin

[basa48]

Re: Last wage - lieu days missing

Holiday entitlement is usually accrued over a 12 month period starting on the anniversary of the holiday period (which we don't know). e.g if the holiday year starts on 1 Jan each year and you leave 1 Mar you would only be entitled to 2 / 12ths of your total years entitlement and presumably only entitled to Bank Holidays (or lieu days) that occur during that period.

Could this be a factor in their calculation.

[marcinj]

Re: Last wage - lieu days missing

Holiday entitlement is usually accrued over a 12 month period starting on the anniversary of the holiday period (which we don't know). e.g if the holiday year starts on 1 Jan each year and you leave 1 Mar you would only be entitled to 2 / 12ths of your total years entitlement and presumably only entitled to Bank Holidays (or lieu days) that occur during that period.

Could this be a factor in their calculation.

This already has been checked, six lieu days missing .

[miliitant]

Re: Last wage - lieu days missing

how did you aquire the lieu days

did you work a bank holiday for example

[marcinj]

Re: Last wage - lieu days missing

how did you aquire the lieu days

did you work a bank holiday for example

For the past four years in shifts Monday Tuesday Thursday Friday.
Two shifts. Both always worked together Tuesday to Thursday.
Bank holiday has always been a day off from work. Paid.
To make it fair my shift have day in lieu; if we worked week from Tuesday to Friday and Monday was a bank holiday.

which parts you can not understand?

[teaboy2]

Re: Last wage - lieu days missing

How were you paid, weekly, monthly?

It sounds like they included the bank holidays in your annual holiday entitlement. You only get paid in lieu for the bank holiday but only if you worked it or if you are not given an addition day off in lieu. So you would have been paid for each bank holiday as if you had worked on that day (when in fact you had the day off as paid holiday) when you received your wages for the week/month that the bank hoilday fell in. Therefore you will have been paid your standard wage for working Monday, Tuesday, Thursday and Friday even if you did not work the monday due to it being a bank holiday. Most companies give you Bank Holidays as part of your holiday entitlement and pay you for Bank Holidays as a paid days holiday.

If you didn't work on Bank Holidays then your not entitled to a day in lieu and are only entitled to 1 days holiday pay for each bank holiday. Which will have been paid to you at the end of that wage period (week/month).

Also regarding your post in response to militants post. Not only was your post rude, but it was also made to a very valuable member of this community who like me is very knowlegable on employment law and was only wanting to help you. Yes you had already given the answer before Militant asked the question, but it doesn't mean you have to be rude to Militant whos goal was to try and help you.

[marcinj]

Re: Last wage - lieu days missing

I had / have monthly salary.

Therefore you will have been paid your standard wage for working Monday, Tuesday, Thursday and Friday even if you did not work the monday due to it being a bank holiday

No. If Monday was a bank holiday and my week was Tuesday - Friday. I had an additional day of hoilday (named day in lieu).
Monday was a day off for the other shift that working week was Monday - Thursday. All day in lieu are added to annual leave and you need them to use in the period January - December.

The agreement was between the employees and the employer. To make it fair to both shifts. If I still be working in a previous company, these six days would continue to be added to my holiday. When I left the company changed its mind.

I'm looking for help in the formulation of the letter to receive payment for six days, or at least an explanation in writing.

Also regarding your post in response to militants post.

I have no intention to express myself in a rude way. If it has been received so I apologize.

[miliitant]

Re: Last wage - lieu days missing

which parts you can not understand?

i quite often ask for confirmation on questions before i advise as to give the correct answer to your problem in regards to a poss employment tribunal and the terms in your contract of employment

being rude and showing scorn does not help

i will now vacate this thread

[teaboy2]

Re: Last wage - lieu days missing

Right so what your actually saying is that when your shift didn't work mondays and those days where bank holiday, you got a day in lieu whilst everyone else had monday off as a paid day off. So to make it fair on your shift, they offered you an additional day off so you had the same amount of days off as the other shifts. Is that correct? If so then you should have been paid for the day off in lieu during the same month they occurred on.

[marcinj]

Re: Last wage - lieu days missing

Right so what your actually saying is that when your shift didn't work mondays and those days where bank holiday, you got a day in lieu whilst everyone else had monday off as a paid day off. So to make it fair on your shift, they offered you an additional day off so you had the same amount of days off as the other shifts. Is that correct? If so then you should have been paid for the day off in lieu during the same month they occurred on.

Exactly.
Is the form of a letter which I presented in the first post is sufficient? Do I have to change it?