Holiday pay

[Worried employer]

Re: Holiday pay

Also from July 15 to December 15 when ge was an ordinary employed he was entitled to 83.12 hrs holiday but only took 40hrs holiday so do I have to pay him the other 43.12 even though he didn't request it

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Sorry it's in hours that's how the gov website did it as he never worked the same hours each week

[teaboy2]

Re: Holiday pay

the tribunals can imply terms in the contract too

But they can not overule agreed written terms, mutually agreed terms or waivered contractual or waivered statutory rights!

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To answer a few of the questions
It's not written in the contract it was all on text message, but we all signed a contract for the apprenticeship which clearly states holiday entitlement
But he never actually asked for holiday in all that time he asked for days off but never requested holiday the first time he requested holiday was in Dec 15 which he was paid,
So could I argue that he. Ever requested Hoilday as it says in the contract that Hoilday has to be used within the year as it will not carried over or paid in lieu

Exactly!

So hes no claim. And even if it was written in the contract that he waived his right to holiday entitlement in favour of a higher amount of remuneration (text messages would proof he agreed to waive said rights, if you still have a copies) then he wouldn't be able to claim them either as hed previous waived them in favour of a higher remuneration!

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The total after working out what he was actually entitled to is £1123 and I know I should properly pay this but after all the abuse I have had off his wife slagging us off on Facebook and to anyone that will listen I really don't won't to pay it lol
It's funny how people forget how much you have actually done for them when it comes to money

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He didn't actually request an apprentship it was his wife who wanted him to learn a trade and asked me to ask my husband who wasn't very keen at first but I persuaded him to give him a chance at learning a trade

Have you copies of her posts on facebook? If not get screen screenshots, print them off. Go to a solicitor and commence libel proceedings against her if she refused to remove the posts as well as issue a redaction about everything she has said! Two can play their game so to speak - And you'd get more out of them then they think they are owed for holiday pay lol

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Also from July 15 to December 15 when ge was an ordinary employed he was entitled to 83.12 hrs holiday but only took 40hrs holiday so do I have to pay him the other 43.12 even though he didn't request it

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Sorry it's in hours that's how the gov website did it as he never worked the same hours each week

If he had accured the full 83.12 hours and took 43.12 as holidays, then yes you have to pay the remainder as they are accured holidays not taken for that year. Though if he left on 1st Jan or after it would have been different!

[Worried employer]

Re: Holiday pay

He left on the 13th of Jan but his last day of work was 23th December

And our holiday runs from Jan 1st to dec 31st

Already got a solicitor to write to his wife as she was told to remove the post on Facebook which she did do

[teaboy2]

Re: Holiday pay

He left on the 13th of Jan but his last day of work was 23th December

And our holiday runs from Jan 1st to dec 31st

Already got a solicitor to write to his wife as she was told to remove the post on Facebook which she did do

If his employment termination date was the 13th Jan 2016 then you owe him nothing. I assume you paid him in lieu of notice in exchange for him not having to work his notice. Meaning he last worked on the 23rd december 2015 but was paid as though he'd worked up to the 13th Jan 2016 (his effective date of termination of employment).

[Worried employer]

Re: Holiday pay

Not quite he is on a zero hrs contact so only paid for what he works he was paid up to date on the

Work finished on the 23/12/15 for Xmas
We opens again on the 12th Jan he text my husband on the 13th
Jan to say he had a new job and needed to start straight away so he could not work his weeks notice

[teaboy2]

Re: Holiday pay

Not quite he is on a zero hrs contact so only paid for what he works he was paid up to date on the

Work finished on the 23/12/15 for Xmas
We opens again on the 12th Jan he text my husband on the 13th
Jan to say he had a new job and needed to start straight away so he could not work his weeks notice

Right well his employment terminated on the 12th jan 2016 - So you owe him nothing!