Holiday Pay upon leaving employer

[alfwithhair]

Hi,

 

I am after a bit of advise for my son.

 

He started working for his present employer on 29th august 2006 (5 day a week 40hrs). He took 2 weeks (10days) holiday in March 2007.

 

In August this year he started working (6 days a week 48hrs) and took two weeks (12days) holiday in October 2007.

 

He handed his notice in last week and is working his notice out this week finishing on Friday 9th Nov 2007.

 

He did not work a week in hand when he started and was paid his first wage at the end of the first week.

 

His employer has told him today that he will receive no wages or holiday pay at the end of the week as he has had more paid holidays than he has earned.

 

Does any body know if this is illegal. I thought all full time workers were entitled to 4 weeks (20day) a year, this I believe has just increased from 1 october 2007 to 4.8 weeks.

 

He is rearlt worried about this as he has a new bady hence having the holiday last month and will receive no pay from his new employers until the end of the month as it is monthly pay.

 

Thanks for the any advice as always

Alf

[OrangePrimate]

Hi Alf

 

Do you (or your son!) know when the companies 'holiday year' is? some Companies run with a 'normal' year ie. 1st Jan to 31st Dec and new allocation is given in January every year, others do the Tax year holidays, counting April to March as a holiday year, so allocation begins 1st April each year.

 

This would make a difference in what your son has due to him now. If it is Jan-Dec, he didnt take any holiday in the year 2006 (but any holiday allowance could have 'carried over', depending on the Company policy, some have a 'use it or lose it' approach) And taking 10 days in March then 12 in October, leaving in Nov does put him quite square with the holiday due/taken.

 

Different story if it is the tax year holiday allocation, means he has only taken 12 days since 1st April 07, so will have some holiday pay due to him.

 

Hope that helps

OP

[alfwithhair]

I will ask him later today if he knows when the holiday year starts and finishes. After reading other info on the net this holiday year period would seem to explain what the employer is saying, should it run Jan to Dec, but doesn't explain why he will receiving no wages for the work he is doing until he leave on Friday.

[gizmo111]

I think his employer is prob right as bank holidays are taken off the entitlement, so I am assuming he has had 22 days + bank holidays + 30.

If he hasn't had paid BH then the situation is different.

[bazak1]

the whole holiday entitlement is a total minefield.

as you say some companies run tax year to tax year ( mine does)

as a general rule of thumb, a lot of companies award you a day and half per month until you have served 12 months then you switch to full entitlement.

[The GodMother]

my mums work place says that holiday leave is the tax year as in april 1 to march 31 for example. If your sons work place is like that then they do owe him money.