Unused holiday pay when resigning ? help ?

[SC1991]

Ive recently resigned from my job and have received my penultimate pay slip and i've been short timed 41 hours, which is the exact number of hours i had not yet booked of holiday entitlement. I have worked a 2 week notice and so i was not sure if i would be paid my outstanding holiday balance as i've not done 4 weeks even though i've read certain articles online that say employees must pay the holiday even if the colleague has been dismissed for gross misconduct.

But surely they cant take the money from me if i've not even used it ? Especially without any warning of doing so and the fact that i would of expected any deductions/additions to be credited on my final pay check at the end of September ? And if i had been made aware of this i would never have worked any notice at all and just started my new job that pays more.

I know i need to discuss this with work but i was told i need to talk to the manager who is not in and payroll would not help unless i spoke to said manager. So i was just looking for some extra advice.

Thanks,

[ostell]

Re: Unused holiday pay when resigning ? help ?

Yes you are entitled to any holiday pay accrued but not taken.

I'm not clear about the notice. Did you give 4 and then left after only 2 or did they ask you to go after 2 ?

I presume that you've worked there long enough to accrue the holiday.

HR seem to be blocking. Can you talk to managers manager or suitable stand in for manager ?

[SC1991]

Re: Unused holiday pay when resigning ? help ?

I gave 2 weeks notice i know they prefer people to give 4 weeks notice but i have to start my new job so i was unable to work 4 weeks. My biggest question is about something i read on the gov website about holiday pay when leaving it says "if a worker has taken more leave than they're entitled to, their employer MUST NOT take money from their final pay unless its been agreed beforehand in writing. The rules in this situation should be outlined in the employment contract, company handbook or internal site"

I have not been approached by anyone from management, HR or payroll to inform me of any deductions in my pay, so if they have taken money from me because of outstanding holiday are they in the wrong ? And where do i stand legally on this ?

[ostell]

Re: Unused holiday pay when resigning ? help ?

Have you taken more holiday than you earned ?