I worked for a family owned company for 6 months working 10 Sundays and 3 bank holidays. My weekly take home pay was £500.00 pw. I put a weeks notice in and have not received any holiday pay owed. Have spoke to the owner about this and he says he had to give an agency driver my money to cover the work. Is this legal?
Did you have a signed contract, if so was there a mention of holiday pay ? , I am sure you accumulate around 1- 1/4 days a month served or similar which in my mind would mean they owe you 7.5 days pay, based on the fact obviously you have not had any holiday days off in that 6 months.
Paulchrissajob:
I worked for a family owned company for 6 months working 10 Sundays and 3 bank holidays. My weekly take home pay was £500.00 pw. I put a weeks notice in and have not received any holiday pay owed. Have spoke to the owner about this and he says he had to give an agency driver my money to cover the work. Is this legal?
Time to consult a Solicitor
JLS Driver SOS:
Did you have a signed contract, if so was there a mention of holiday pay ? , I am sure you accumulate around 1- 1/4 days a month served or similar which in my mind would mean they owe you 7.5 days pay, based on the fact obviously you have not had any holiday days off in that 6 months.
I have not had a contract, asking for one was like talking to the moon, pay slips didn’t even have my national insurance number on it.
Paulchrissajob:
I worked for a family owned company for 6 months working 10 Sundays and 3 bank holidays. My weekly take home pay was £500.00 pw. I put a weeks notice in and have not received any holiday pay owed. Have spoke to the owner about this and he says he had to give an agency driver my money to cover the work. Is this legal?
If you were employed direct on a PAYE basis then it is illegal, you acrue a couple of days holiday pay every month you’re there. (Even if you were under the impression you were PAYE & he’s blagged the tax).
If you are self epmployed or ltd co then no Hols for you Beachy.
Trip to the lawyers for some KY shagger.
Paulchrissajob:
JLS Driver SOS:
Did you have a signed contract, if so was there a mention of holiday pay ? , I am sure you accumulate around 1- 1/4 days a month served or similar which in my mind would mean they owe you 7.5 days pay, based on the fact obviously you have not had any holiday days off in that 6 months.I have not had a contract, asking for one was like talking to the moon, pay slips didn’t even have my national insurance number on it.
He pays or you sue, how thick are these blokes?
If you’re max hours tramping & Birmingham then PM me if you’re looking…
Is there been anyone in the same position as me I worked for a company for 6 months and put a weeks notice in, my ex boss said he would put my holiday in the bank as I had not taken any. He now says that I will not be receiving any because he had to get an agency driver in and paid him my wage. I have not had a contract off him more fool me. I have joined the union will they help ?
No contract means statutory rules apply in regards to holiday pay and notice. Those are:
Holiday: 5.6 weeks pro rata per year. Please note that this does not include overtime.
gov.uk/holiday-entitlement-rights
Notice period: 1 week from the employee.
legislation.gov.uk/ukpga/199 … -of-notice
You are entitled to 2.3 weeks if you’ve worked 6 months. Send him a letter stating the amount (use gov.uk/calculate-your-holiday-entitlement to calculate it) and giving him an opportunity to pay, say 14 days. If he doesn’t pay send another letter entitled “Letter before action” demanding the amount is paid by cleared funds within 5 days (if he pays by cheque you have to receive it in time for the funds to have cleared by the deadline) or you will start legal proceedings to recover the money. Send all letters by recorded delivery. If he still doesn’t pay then log on to moneyclaim online and file a claim against him.
You’ve given him the statutory minimum period of notice required under the Employment Act 1996 so the fact he has had costs is none of your business. Even if you had just walked off the job he legally has to pay you outstanding holiday pay however he can sue you for costs for not giving minimum notice.
Paulchrissajob:
Is there been anyone in the same position as me I worked for a company for 6 months and put a weeks notice in, my ex boss said he would put my holiday in the bank as I had not taken any. He now says that I will not be receiving any because he had to get an agency driver in and paid him my wage. I have not had a contract off him more fool me. I have joined the union will they help ?
I’ve had VERY similar off a bus company who decided that, because I left the same day - no notice - they could withhold my final weeks wages and my holiday pay.
Quick online form for small claims court, a few weeks later (about 8 maybe?) and I was sat in the room in the court (not the court room, just an informal room) and the old firm didn’t turn up, so I was awarded 100% of my claim + all costs + lost earnings for the day of attending court etc…
Think I’d also be dropping HMRC a scan of each of my wage slips (as many as you can find) to see if tax and NI has been paid - this will show that you’ve been charged it… Not sure how it works without an NI number though■■? I’d probably include that in the email.
just quick call to a.c.a.s Nottingham m8 they ask u details then will call company who prob done this b4 . soon as they get call from acas m8 they will pay ya and there quick gd luck 
so your now paying the agency driver , call and give him the day off.
Happened to me, was owed £480. Few phone calls to ACAS, quick visit to the Citizens Advice and a strongly worded letter later and the cheque arrived in the post.
I didn’t even work my notice. In fact, I threatened the manager with violence if he didn’t get out my way (he tried to block my path out) in front of some other staff and stormed out. And I still got my money.
Don’t let the greedy minges get away with it!