holiday pay

[thebhoy]

i recently handed in my notice on a wed (29th march) and agreed to work notice till friday (7th) however i was ill on the thursday and friday (30 th & 1st) and on the saturday i got a call from my manager saying the the boss didnt want me to come back for the week to finish my notice. i get paid weekly and just got mine and i have noticed that i have only got paid for a week and two days hols although i had two and a half weeks hol left how can this be i was there for 18 months and no contracts are used. i have posted this question last week b4 i knew bout my pay thanks everyone

[dot.hawkes]

If you were issued a handbook and signed for it that constitutes a contract binding you to the terms and conditions of employment, which will, include loss of pay if you fail to work a notice period.

[gammaray]

if it was your bosses decision that you were not required to work your notice then you should be paid a weeks wages in lieu of notice plus any outstanding holiday pay. You should have had a contract of employment despite your employer "not using them" It's a legal requirement,and the fact that you didn't will work in your favour if you persue this through to a tribunal. speak to Citizens Advice (although generally they are about as useful as a chocolate teapot) or a solicitor fluent in employment law.

[Buenchico]

Unfortunately, there's a missing bit of information in your post. You've not stated how much annual holiday your employer gives to employees.

If you only receive the statutory minimum holiday allowance then, assuming you work 5 days per week, you're entitled to 20 days paid holiday for each full year that you work. Since, up to 7th April, you will have only worked for 14 out of 52 weeks, you will only be entitled to about 5.4 days of holiday. You state that you you have two and a half weeks holiday left. If this means that you've already taken 7 or 8 days holiday (including days like 2nd January when your firm was probably closed) so far this year then (still assuming that you only get 20 days per year and that nothing has been 'carried forward' from last year) your employer has the right to DEDUCT money from your final pay to compensate for the overpayment. If you're still getting paid for a week and two days holiday then one of the following must be true:
1. You've had a holiday allowance carried over from last year. (If you don't tell us how much this is, we can't check the figures) OR
2. You get substantially more than the statutory minimum holiday entitlement. (If you don't tell us what your annual entitlement is, we can't check the figures) OR
3. Your employer has made an error in your favour. (Keep quiet and don't complain!).

So, before you start complaining, you need to check your figures carefully (or, by providing more detailed information, let other ABers do it). Otherwise, you might find yourself worse off!

Chris