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  • Employment Law Question
  • Futureboy77
    Full Member

    After a bit of advice from the STW collective wisdom!

    I handed my notice in at my current work, with a finish date of 31/12.

    I have 9 days holiday left to take. I couldn't take them as holidays due to workload (they sacked my boss and dumped his work on me).

    They have instructed payroll not to pay me these days, despite the fact it states in my contract that i should be paid them.

    What's the best way forward on this….anybody????

    oneoneoneone
    Free Member

    point it out to them. if they still dont budge dont turn up!

    Futureboy77
    Full Member

    I have pointed it out as has the HR girl (stating that it's not legal). Trouble is, the big boss is a yank who thinks he knows better.

    Looks like i'll pack my stuff up this avo and not bother coming back!

    Trouble is that it's a close knit industry i work in so could have consequences in the future!

    ourmaninthenorth
    Full Member

    Send email to her and to him. Explain that it is a breach of employment and contract law and that, given the company's breach of contract, you consider it reasonable that you will take the remainder of your time with them as leave and that should this negatively affect any references, you will consider their actions to amount to constructive dismissal.

    Futureboy77
    Full Member

    That seems like my only option ourmaninthenorth.

    Barstewerds!

    TandemJeremy
    Free Member

    Or work the notice then use small claims court to get your holiday pay. Remember holiday probably is pro rata – Ie work 3/4 of a year get 3/4 of a years leave.

    You have a statutory right toyour annual leave- get the info from the tuc or acas websites and quote it at them.

    stumpyjon
    Full Member

    I'd go with TJ's advice, they can't do this to you. This would be one occaision when union help would be useful. Either way let them know formally (and politely) that you won't just roll over on this. I know what you mean about Yanks, used to work for an American firm, they really don't get European employment law.

Viewing 7 posts - 1 through 7 (of 7 total)

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