Pay from previous company issues

Stuff · 9 Mar 2015 at 19:17

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:

Stuff · 9 Mar 2015 at 20:06

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 £?

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.

The holiday year runs from 1st April, and I'd definitely earned the days.

Stuff · 9 Mar 2015 at 22:56

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.

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.

Stuff · 9 Mar 2015 at 23:26

Kermit said:
If you don't mind getting them a bit miffed, goto https://www.gov.uk/employment-tribunals fill the form in and they'll get an nice letter or email stating you've started something thats got an air of authority/legal about it.

9/10, they'll cave in, pay you and you can cancel the tribunal

Thanks, but for unpaid wages, the fee is £160. Not worth it.

Stuff · 10 Mar 2015 at 19:26

Freakbro said:
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.

Interesting, thanks!

Ranked1_of_1 said:
I'm thinking this is exactly what has happened.

If OP had 28 days holiday a year that is approx 2.3 days a month. He has worked 8.5 months so that gives him around 20 days holiday to use.

He thinks he has 4 unused days, so if this is taken from his annual allowance (28) that means he has taken 24.

He has only accrued 20 days, but used 24 - therefore he owes the company 4 days.

To you and the others questioning it, I thought I'd made it quite clear this isn't the case. There's no disputing whether I'm owed the money or not, it's just getting them to action it and get it to me, which I'm sure is a pain for them and low priority since I'm no longer an employee, but they need to make it happen faster than over a 10 week period.