I've not been paid my holiday pay when I've left employment

[amandaboro]

Evening,
I was employed from 3rd October 14 to 19th January 15. In this time I worked varied hours in total over that period of time I worked 498 hours. I had no contract. I was initially employed for 35 hours a week but I had to work extra when another staff member was killed. I then cut down to 28 hours so that her replacement had enough hours. I would like to know what exactly is owed to me? And if possible advice on what to put into a letter.
Also I was only there for a short period of time I left without working notice after whistle blowing and feeling like I wouldn't be able to return to the work place can I do anything with regards to that?

[nemesis45]

Re: I've not been paid my holiday pay when I've left employment

Hi welcome to LB.
At first glance I would say you had not accrued any holiday entitlement.

nem

[amandaboro]

Re: I've not been paid my holiday pay when I've left employment

I checked on the gov.uk and it says I have definitely have :tinysmile_hmm_t2:

[nemesis45]

Re: I've not been paid my holiday pay when I've left employment

Just around 3 months employment with no contract, would this not depend on the company terms of the "holiday entitlement" period .

nem

[amandaboro]

Re: I've not been paid my holiday pay when I've left employment

I wouldn't know I never even got any fire safety training never mind knowing any of the company policies. I did take a days holiday whilst employed there and I was paid for it, I don't know if that means anything. But according to gov.uk I should of had 39 hours still to be paid. Based on working 28 hours a week. Or based on the total hours I worked 53 hours owed

[stevemLS]

Re: I've not been paid my holiday pay when I've left employment

What has fire training got to do with holiday pay?

TBH though, you left after three months, without giving notice and having "blown the whistle", it is hardly surprising that they are not bending over backwards for you?

[des8]

Re: I've not been paid my holiday pay when I've left employment

Like Steve I don't understand why you are so sure your ex employer owes you anything.
You worked there approx 3 months.
If this had been fulltime your statutory holiday entitlement would have been about seven days.
As you were working part time it would be less.
As you had been there over a month you needed to give at least a weeks notice Contractually it could have been more.
I would suggest that your holiday pay and notice period cancel each other out (more or less)

What was the whistle blowing about? Who? what? where? and why do you think it was necessary?

[vanman]

Re: I've not been paid my holiday pay when I've left employment

I checked on the gov.uk and it says I have definitely have :tinysmile_hmm_t2:

i put you down for 28 hours per week

don't forget to take off the hours you had off at xmas
xmas day /boxing day /new years day


The statutory entitlement is 46 hours and 49 minutes holiday.


The employer:

• can include bank and public holidays as part of the statutory entitlement
• must not round down the holiday entitlement, but may round it up
• must provide holiday pay during the statutory leave
• can provide more paid holiday - this will be in the employment contract and is called ‘contractual leave entitlement’

Previous answers

Start again

Is the holiday entitlement based on:	hours worked per week	Change answer to "Is the holiday entitlement based on:"
Do you want to work out holiday:	for someone starting and leaving part way through a leave year	Change answer to "Do you want to work out holiday:"
What was the employment start date?	3 October 2014	Change answer to "What was the employment start date?"
What was the employment end date?	19 January 2015	Change answer to "What was the employment end date?"
Number of hours worked per week?	28	Change

Fixed hours and fixed pay (part time or full time)	A week’s holiday pay equals how much a worker gets for a week’s work
Shift work with fixed hours (part time or full time)	A week’s holiday pay equals the average number of weekly fixed hours a worker worked in the previous 12 weeks at their average hourly rate
No fixed hours (ie casual work)	A week’s holiday pay is the average pay a worker got over the previous 12 weeks (in which they were paid)

as you worked about 15 weeks they have to pay you the average of the last 12 weeks


The only time someone can get paid in place of taking statutory leave (known as ‘payment in lieu’) is when they leave their job. Employers must pay for untaken statutory leave (even if the worker is dismissed for gross misconduct).

https://www.gov.uk/holiday-entitleme...-leaving-a-job

[amandaboro]

Re: I've not been paid my holiday pay when I've left employment

Thank you I ended up ringing acas and they've advised me on my rights and helped me draft a letter regarding my holiday pay.