Pay from previous company issues

Stuff

Stuff

Stuff

Associate
Joined
20 Sep 2009
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2,407
Location
Brighton
Hi guys,

Resigned from my job 31st December 2014 and when I received my final payslip 2 weeks later, they'd deducted 4 days holiday from me. I had outstanding holiday for the year, so this should have simply been paid in my final pay. I hadn't taken anything during that pay period, which I then queried on the 16th January 2015... And you guessed it, I still haven't been paid it!

I've had a few back and forward emails from the personnel manager and last emailed Wednesday to say he'd have an update by the end of the week for me, and we're now at Monday and I haven't heard anything yet.

Can anyone advice as to how I can twist their arm with this one? I feel 10 weeks later with no resolution is really taking the ****, and I also haven't had my P45 from them, so I'm on emergency tax at the new place! :mad:
 
Did you leave on amicable terms?

How much outstanding holiday do you believe you were owed? How certain are you? Is it a significant amount of £?
 
Have you worked out how much holiday you were entitled to pro rata up to 31 December?

For example if you had 30 days in a full year and your leave year started on 1 July you would have 15 days to 31 December.

If you'd taken 19 days by 31 December you would owe them 4.
 
beh said:
Did you leave on amicable terms?

How much outstanding holiday do you believe you were owed? How certain are you? Is it a significant amount of £?
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Yup, absolutely. My December payslip showed 6 days earned and to be taken. I used Xmas day and Boxing day as two, leaving 4 left. It's 4 days pay, essentially, not so much, but it's the principle. I'm not desperate for cash at all.
Surveyor said:
Have you worked out how much holiday you were entitled to pro rata up to 31 December?

For example if you had 30 days in a full year and your leave year started on 1 July you would have 15 days to 31 December.

If you'd taken 19 days by 31 December you would owe them 4.
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The holiday year runs from 1st April, and I'd definitely earned the days.
 
I had the same issue with a former employer, they paid me £18.52 for the 29.8 hours I was owed. Spoke to ACAS who said it would be £160 to take it to a tribunal and I may not be awarded the cost of the hearing. Basically wouldn't get much if I won so I can't do anything.
 
Stuff said:
Yup, absolutely.
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In which case I've not much to suggest beyond the obvious, give them a call, assuming you've only been emailing so far?

Say you're chasing up your email, get them to confirm what they owe you, to put it beyond doubt. Ask when you'll be paid this and also receive your p45.

No good reason they shouldn't be able to do this, 2 days to get back to you on top of 10 weeks passed seems very poor. Remind them how long you've been waiting.
 
el_dazza said:
I had the same issue with a former employer, they paid me £18.52 for the 29.8 hours I was owed. Spoke to ACAS who said it would be £160 to take it to a tribunal and I may not be awarded the cost of the hearing. Basically wouldn't get much if I won so I can't do anything.
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Only if you lose, though even if you win doesn't automatically mean the other party will pay out.

Also you should be able to process is via small claims online for about half that in fees rather than a tribunal but if you lose it will costs you about £120-£230 depending on the case and whether you take it to tribunal or small claims.

EDIT: If you can prove the hours worked, etc. and its been longer than a reasonable amount of time (usually next payroll + 28 days after you should have been paid) its usually a fairly much open and shut case but it can get tricky i.e. if for instance they can show that payment was in progress (before the action) then your a lot less likely to get fees awarded.
 
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I had this once may years ago before uni with a retail job I left. I went back in and complained. The smarmy manager blamed it on the assistant manager that wasn't there at the time when it was obviously his decision. Caved in straight away and I got mey money.
 
Rroff said:
Only if you lose, though even if you win doesn't automatically mean the other party will pay out.

Also you should be able to process is via small claims online for about half that in fees rather than a tribunal but if you lose it will costs you about £120-£230 depending on the case and whether you take it to tribunal or small claims.

EDIT: If you can prove the hours worked, etc. and its been longer than a reasonable amount of time (usually next payroll + 28 days after you should have been paid) its usually a fairly much open and shut case but it can get tricky i.e. if for instance they can show that payment was in progress (before the action) then your a lot less likely to get fees awarded.
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I left on Nov 30th, queried it by phone for weeks and weeks then sent them a letter explaining how they came to their figure in mid January. They never replied to this and whenever I speak to anyone by phone the answer they give me is 'well it's right'. That's literally all they say. No real justification other than they're right.
 
el_dazza said:
I left on Nov 30th, queried it by phone for weeks and weeks then sent them a letter explaining how they came to their figure in mid January. They never replied to this and whenever I speak to anyone by phone the answer they give me is 'well it's right'. That's literally all they say. No real justification other than they're right.
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I know one route you can go down is to put a grievance in against the person that *should* be dealing with it. You can do this even after you've left if it's a big company that would be forced to deal with it this way. It's not a route I want to go down yet, but I will in future if necessary.
 
Before you start tribunals etc, try and work out what's gone wrong. How many days holiday do you get a year and what was your official leaving date? How many holidays had you taken?

Also, do you get some holidays taken out of your allowance automatically, i.e. Christmas Shutdown? Did you book any holidays that you later cancelled?
 
And don't worry about being on the 'emergency tax code' - it's just the same as the standard tax code but on a month 1/week 1 basis.

Which again, if you have been earning over 10K, is not going to make much difference.
 
Presumably they can't issue a P45 until this issue is resolved anyway otherwise the figures will be wrong.

The only thing you can do is to keep chasing them if you don't want to go down the tribunal route
 
If you had 4 days holiday left to take (pro-rata from 1st April 2014 - 1st April 2015) and left mid December, is it not just a case that your holidays were readjusted pro-rata to 1st April 2014 - 14th December 2014, meaning you ended up with less than originally given for a full year?
 
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