Holiday pay accrued when employment ended

[sutton6344]

I was employed on the basis of basic plus bonus (the bonus was the majority of my wage). I ended my employment with holiday pay outstanding.

 

The company have since confirmed in writing that

 

1) Holiday pay I received is for basic salary only.

2) Holiday pay is based on average earnings (basic plus bonus).

3) Other employees have confirmed in writing they were paid on basic plus bonus for holidays taken the same month.

4) My ex employers will not offer any explanation for the shortfall.

 

I cannot go to the Employment Tribunal as it is out of time but any advice is appreciated.

Edited October 30, 2012 by sutton6344
Correction

[becky2585]

Hello

 

How are you suggesting you've been incorrectly paid - it's not clear from your post?

[sutton6344]

I've edited my post, I hope this makes it clearer?

[becky2585]

Ah, I see.

 

Well in that case, it hard to say without seeing your contract. Sometimes enhanced pay rates can be covered for holiday pay purposes.

 

If it is owing to you, it's still open to you to bring a county court claim, as you have 6 years rather than just three months in the ET.

[sutton6344]

I've edited again lol

 

Yeah I was thinking about Small Claims myself, the contract confirms it is 'usually' average earnings. Colleagues have confirmed they were paid on this basis in the same month that I was paid basic only.

[sutton6344]

Should county court action be necessary, do I quote the Employment Act or the Equality Act???

 

And are there any circumstances that can justify one person being singled out for non payment whilst everyone else under the same contract receives bonuses???

[becky2585]

I'm confused - is this a bonus payment or holiday pay?

 

If its withholding pay due to a discriminatory reason, that's the Equality Act, but you said you were past the deadline for an ET claim.

 

You can issue for unpaid wages in the county court - but if it's a discretionary bonus payment, you won't be automatically entitled to it and you could lose.

[sutton6344]

Sorry for the confusion again lol

 

It is holiday pay that should have been paid on average earnings.

 

I am past the ET deadline but as other employees with the same job description under the same contract were paid average earnings and I received basic salary only, I believe I was discriminated against (maybe because I left).

[assisted blonde]

if the contract says usually that is a bit vague, and to my mind implys that it is discretionary.