Unpaid Holiday before Maternity leave

[lukaszshock]

Hello all,

I'm 8th months pregnant and my employer decide to don't pay me for my holiday. Holiday year in my company starting on 1st April each year until 31st march each year. I have agreement with my line manager that I'm on holiday from 1st of April until 8th of May and at 11th of May i will start my Maternity leave. Everything was signed and confirmed with my manager long time before my holiday start. After first week of my holiday (what was 3 days 1-3 April) I didn't get paid ( that was 10th of April) but i was informed that its a mistake and I'll get paid for that in next week wages. At 17th of April i didn't get paid again and after i call payroll department i get told that i wont get paid for my holiday as its a possibility that i use all my holiday and then ill leave company and they will pay everything after my maternity leave ( that will be tax year 2016/2017)

I'm a full time employee with my company for nearly 3 years and 10 months.
Is this against a law or my employer have right to do that ?
What i should do ? i have young baby and i expecting another soon and i don't getting paid?
I asked ACAS about that and they said that its unlawful deduction from wages. Is this true ?
Should i send a Grievance letter ? if yes can this sound like that ( please see below ) ?

Dear Sir/Madam
As you know I work in the xxxxxxt at xxxxxx. I started my full time employment with you on ^xxx xxxxx 2011. As you are aware I’m now on my annual leave from 1^st of April for fife weeks and three days fallowed by my Maternity Leave starting on 11^th of May. I don’t getting pay for my annual leave at all since it starts. At this moment I am missing 3 payments:
10^th of April – 3 Days Holiday ( 175.92£ - Tax,NI)
17^th of April – 5 Days Holiday ( 293.20£ - Tax,NI)
24^th of April – 5 Days Holiday ( 293.20£ - Tax,NI)
I’m still expecting another 3 payments from you at 1^st of May, 8th of May and 15^th of May each for 5 days of Holiday each of them.
I have spoken to xxxxx and xxxxx from pay roll on 10^th of April after I didn’t get paid first time for first 3 days. I have been explain that I didn’t get paid for 3 days as Holiday year starting at 6^th of April in 2015 but all rest of my holiday will be paid without any problems and first 3 days will be paid on the end of my holiday. According to my contract (Point 11d) saying that “The holiday year runs from 1^st April each year to 31^st of March each year…..”
At 17^th of April I have spoken again to xxxxxx and xxxxx and I get told that my payment was stopped by xxxxxx who is xxxxx Director and she cannot do anything with that. xxxxxx provide me Mr xxxxx e-mail address and advises me that I can email xxxxxxx as he is the only person who can decide about my money.
At 17^th April after seeking ACAS advice. I email Mr xxxxxx explaining whole situation.
I raised this again with xxxxx on 18^th April. xxxx said that MrXXXX is very unhappy with my email and there is no chance that he will pay me my money now.
As the matter has still not been resolved I am now raising a formal grievance.
As I’m sure you can appreciate, not receiving my salary in last 3 weeks was very inconvenient especially with new baby due in next 2 months.
I have not been given an explanation as to why I have not been paid nor have any steps been made (as far as I’m aware) to remedy this issue.
The situation has caused me inconvenience and embarrassment.
I have got into debt and I’ve had to borrow money from my family.
In order to resolve this matter I would like my outstanding wages to be paid to me, in full by 12^th May 2015 and for this to be confirmed in writing.
I also would like you to ensure the payment due to me on 1^st, 8^th and 15^th May is also made.
Please do not ignore this letter. I would like us to try to resolve our dispute without the need for an employment tribunal.
Please reply in the next 14 days, so that this dispute can be resolved as set out in this letter.
If you do not agree that I am due the wages which I believe that I am owed, please could you reply to me in writing within 14 days of this letter explaining why not.
I am sure it will not prove necessary but if I do not hear from you within 14 days then I reserve the right to start a claim for an Unlawful deduction of wages and breach of contract in an Employment Tribunal.
I will also ask the Tribunal to claim the cost of the proceedings (and any interest owed to me) from the company should I be successful.

Yours faithfully,


Thank you very much for your help

Mum without money.

[teaboy2]

Re: Unpaid Holiday before Maternity leave

Hello all,

I'm 8th months pregnant and my employer decide to don't pay me for my holiday. Holiday year in my company starting on 1st April each year until 31st march each year. I have agreement with my line manager that I'm on holiday from 1st of April until 8th of May and at 11th of May i will start my Maternity leave. Everything was signed and confirmed with my manager long time before my holiday start. After first week of my holiday (what was 3 days 1-3 April) I didn't get paid ( that was 10th of April) but i was informed that its a mistake and I'll get paid for that in next week wages. At 17th of April i didn't get paid again and after i call payroll department i get told that i wont get paid for my holiday as its a possibility that i use all my holiday and then ill leave company and they will pay everything after my maternity leave ( that will be tax year 2016/2017)

I'm a full time employee with my company for nearly 3 years and 10 months.
Is this against a law or my employer have right to do that ?
What i should do ? i have young baby and i expecting another soon and i don't getting paid?
I asked ACAS about that and they said that its unlawful deduction from wages. Is this true ?
Should i send a Grievance letter ? if yes can this sound like that ( please see below ) ?

Dear Sir/Madam
As you know I work in the xxxxxxt at xxxxxx. I started my full time employment with you on ^xxx xxxxx 2011. As you are aware I’m now on my annual leave from 1^st of April for fife weeks and three days fallowed by my Maternity Leave starting on 11^th of May. I don’t getting pay for my annual leave at all since it starts. At this moment I am missing 3 payments:
10^th of April – 3 Days Holiday ( 175.92£ - Tax,NI)
17^th of April – 5 Days Holiday ( 293.20£ - Tax,NI)
24^th of April – 5 Days Holiday ( 293.20£ - Tax,NI)
I’m still expecting another 3 payments from you at 1^st of May, 8th of May and 15^th of May each for 5 days of Holiday each of them.
I have spoken to xxxxx and xxxxx from pay roll on 10^th of April after I didn’t get paid first time for first 3 days. I have been explain that I didn’t get paid for 3 days as Holiday year starting at 6^th of April in 2015 but all rest of my holiday will be paid without any problems and first 3 days will be paid on the end of my holiday. According to my contract (Point 11d) saying that “The holiday year runs from 1^st April each year to 31^st of March each year…..”
At 17^th of April I have spoken again to xxxxxx and xxxxx and I get told that my payment was stopped by xxxxxx who is xxxxx Director and she cannot do anything with that. xxxxxx provide me Mr xxxxx e-mail address and advises me that I can email xxxxxxx as he is the only person who can decide about my money.
At 17^th April after seeking ACAS advice. I email Mr xxxxxx explaining whole situation.
I raised this again with xxxxx on 18^th April. xxxx said that MrXXXX is very unhappy with my email and there is no chance that he will pay me my money now.
As the matter has still not been resolved I am now raising a formal grievance.
As I’m sure you can appreciate, not receiving my salary in last 3 weeks was very inconvenient especially with new baby due in next 2 months.
I have not been given an explanation as to why I have not been paid nor have any steps been made (as far as I’m aware) to remedy this issue.
The situation has caused me inconvenience and embarrassment.
I have got into debt and I’ve had to borrow money from my family.
In order to resolve this matter I would like my outstanding wages to be paid to me, in full by 12^th May 2015 and for this to be confirmed in writing.
I also would like you to ensure the payment due to me on 1^st, 8^th and 15^th May is also made.
Please do not ignore this letter. I would like us to try to resolve our dispute without the need for an employment tribunal.
Please reply in the next 14 days, so that this dispute can be resolved as set out in this letter.
If you do not agree that I am due the wages which I believe that I am owed, please could you reply to me in writing within 14 days of this letter explaining why not.
I am sure it will not prove necessary but if I do not hear from you within 14 days then I reserve the right to start a claim for an Unlawful deduction of wages and breach of contract in an Employment Tribunal.
I will also ask the Tribunal to claim the cost of the proceedings (and any interest owed to me) from the company should I be successful.

Yours faithfully,


Thank you very much for your help

Mum without money.

Change bit in red to this "I was tol by Payrol that i won't get paid for my holiday as its a possibility that i use all my holiday and then ill leave company and they will pay everything after my maternity leave - It is unlawful to withhold wages (including holiday pay, bonuses etc) under section 13 of the employment rights act 1996. Not only that by using the fact i am pregnant and maternity leave as a excuse for not paying me holiday pay out nothing but an assumption that i may leave the company at the end of my maternity leave is completely unreasonable, it also means you are treating me less favorably then other employees purely because i am pregnant and on maternity leave, which also puts you in breach of the equality act 2010 - i.e. sexual discrimination"

As for the holiday year starting on 1st iof april and their claim it starts on 6th of april. Well your contract is the correct date. the 6th of april was the new tax year. But thats not your problem its there. If your contract says 1st april then thats when the holiday year starts. To change that without consulting you or seeking your agreement first is breach of contract. But not paying you your holiday pay is also a breach of contract and they are legally required to pay you for the days you have had on holiday. They are not permitted to withhold such pay just because you haven't accrued those holiday.