[Misc] O/T Employment advice needed

[Worthing exile]

Hi

My wife submitted one months notice in writing on 12th June 2019 giving her final day of paid work as 12th July 2009. However as she had 5 days leave to take, the letter also said she would be taking this as part of her notice period and her last day of actual work would be 5th July 2019.

Her pay for July 2019 was lower than expected and after a lot of chasing finally got her payslip and P45 both of which show she left on 5th July and has only been paid to that date.

Emails to her Boss weren't replied to so she sent one final one last week giving 5 working days to either pay the missing money, or promise it, or explain why it isn't due. The 5 days runs out this Friday 23/8/19.

As we are talking about around £500 missing, my thoughts are Small Claims Court. Does anyone have any better suggestions?

She did have a period of sickness earlier in the year and went down to SSP but my understanding is that annual leave still accrues when you are off sick. Is that correct?

Thanks

 

[Ernest]

If she's not in a union contact ACAS

 

[Worthing exile]

If she's not in a union contact ACAS

non Union.. Is ACAS free if you win?

 

[Springal]

Did she get an agreement to get the 5 days of leave? Did she actually have the leave accrued?

 

[WilburySeagull]

Did she get an agreement to get the 5 days of leave? Did she actually have the leave accrued?

This.

Leave is subject to "mutual consent" no unilateral right to it. Accural depends on when leave year runs from and to.

 

[NooBHA]

It's an internal error. Intentional or otherwise. All that is missing is "Unpaid Annual Leave entitlement. If she truly did have 5 days Annual Leave left she should get it paid to her as part of a supplementary payment. You may however find yourself in a battle to get it. Do it by Registered Letter requesting it. If no resspons within 28 days. Take them to court for it. I must impress though. The issue is whether she did have 5 days leave left or not

 

[Ernest]

non Union.. Is ACAS free if you win?

It's free , just ring them and tell them the problem and they will advise the next steps and your legal rights

 

[maffew]

So they received the letter acknowledging the 5 July as the leaving date, but chose to ignore the 5 days of leave stated in the same letter. That was surely their chance to do so or question it. Good luck!

 

[Justice]

Can I borrow her time machine so I can go back to 2009 and buy some houses

 

[Weststander]

ACAS give great free advice over the phone even if you have no union connections, just be patient with the phone queue. Their team are highly skilled on all aspects of employment law, and will tell you exactly what to do.

 

[Official Old Man]

You do accrue holiday entitlement whilst on sick leave but that also depends on how her sick leave is totted up. But how have you come to this 5 days? Holidays sometimes have to be taken within a set period, generally April 4 to April 3, and can not be carried over. I presume the company has a professional pay role accountant and it should be very easy for them to show holiday pay as due. My software gives me the option to show it or not. Arm yourself with all your papers and give acas a call.

 

[Ⓩ-Ⓐ-Ⓜ-Ⓞ-Ⓡ-Ⓐ]

My wife submitted one months notice in writing on 12th June 2019 giving her final day of paid work as 12th July 2009.

Time travel

 

[father_and_son]

Having just left a job recently, they highlighted that all accrued leave had to be taken and leave not taken would be lost. As it happens they wanted me to do a handover and I had LOADS of holiday accrued so they agreed to pay it but it was clear in the contract that they didn't have to and I would have had the time off while on notice.

OP:. Before embarking on anything costly, you need to check the employment contract, staff handbook and all company policies to make sure that they haven't got a defendable position.

 

[Weststander]

Having just left a job recently, they highlighted that all accrued leave had to be taken and leave not taken would be lost. As it happens they wanted me to do a handover and I had LOADS of holiday accrued so they agreed to pay it but it was clear in the contract that they didn't have to and I would have had the time off while on notice.

OP:. Before embarking on anything costly, you need to check the employment contract, staff handbook and all company policies to make sure that they haven't got a defendable position.

ACAS is free.

Absolutely no need to spend money on a solicitor on this.

If it comes to it, a money claim online (via HM Courts, NOT using solicitors craftily copying their web interface) will cost peanuts.

 

[Goldstone1976]

Before she takes legal action, and in addition to checking whether she actually is entitled to the 5 days’ holiday she thinks she is, could I suggest she considers whether she’s ever going to need a reference from her ex-employer. Suing them won’t enamour them to her - but if she’s entitled to it and doesn’t care about a reference, go for it.

 

[Bry Nylon]

...my thoughts are Small Claims Court. Does anyone have any better suggestions?

Chop their goolies off.

 

[colinz]

Because she handed in her notice, the company are entitled to tell her to take leave (if any is owing) as part of her 1 month's notice period.
The leave accrued whilst off sick would only apply to a period of paid sick leave, not unpaid sick leave.

 

[Napper]

Hope you win but I always thought you hand notice in and then the end date / holiday taken off etc is discussed with management / HR

Never heard of someone telling management the end date etc.

Normally governed by HR after you hand in notice.

Hope you get it back though

 

[drew]

Because she handed in her notice, the company are entitled to tell her to take leave (if any is owing) as part of her 1 month's notice period.
The leave accrued whilst off sick would only apply to a period of paid sick leave, not unpaid sick leave.

Whether she takes it or not, she should still be paid for it. Her months notice was due to expire on the 12th July but she wanted to take her accrued 5 days leave making her leaving date the 5th July.

Equally they could have asked her to leave immediately but either way they would have to pay her up to the 12th July. Had they made her work every day then they would have had to pay her up to the 12th and then an additional 5 days for the leave she had accrued but that they had not allowed her to take. Unusual for someone to have unpaid sick leave in the normal course of employment as my understanding would be that it would be paid as either a company sick pay scheme or statutory sick pay!

 

[drew]

Having just left a job recently, they highlighted that all accrued leave had to be taken and leave not taken would be lost. As it happens they wanted me to do a handover and I had LOADS of holiday accrued so they agreed to pay it but it was clear in the contract that they didn't have to and I would have had the time off while on notice.

OP:. Before embarking on anything costly, you need to check the employment contract, staff handbook and all company policies to make sure that they haven't got a defendable position.

That's fair enough if it's company policy but they still have to pay you up to the end of your notice period irrespective of what leave you take.