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Holiday pay advice

Tue Sep 13, 2011 4:45 pm

Last week my Daughter was told by her employer that her services are no longer required and finished her with immediate effect.
The tw@t has now given her job to his Son who walked out on the company around 3 months ago and has decided to come back.
He has paid her what she was owed in wages but conveniently forgot to pay her any holiday pay.
Can anybody advise me on what my 19 year old Daughter is entitled too.
She started work there on June 13th 2011 and finished on 7th Sept 2011 and worked 16 hours a week on minimum wage.
:x :ayatollah:

Re: Holiday pay advice

Tue Sep 13, 2011 4:48 pm

Port Talbot Bluebird wrote:Last week my Daughter was told by her employer that her services are no longer required and finished her with immediate effect.
The tw@t has now given her job to his Son who walked out on the company around 3 months ago and has decided to come back.
He has paid her what she was owed in wages but conveniently forgot to pay her any holiday pay.
Can anybody advise me on what my 19 year old Daughter is entitled too.
She started work there on June 13th 2011 and finished on 7th Sept 2011 and worked 16 hours a week on minimum wage.
:x :ayatollah:



ring acas they will tell you free of charge or go on their web site

Re: Holiday pay advice

Tue Sep 13, 2011 5:09 pm

Thanks very much, I didnt think of asking ACAS.
I have just phoned them and he owes her £122.00

:ayatollah: :ayatollah: :D

Re: Holiday pay advice

Tue Sep 13, 2011 5:47 pm

What about unfair dismissal? if the job still exists and she as done nothing wrong, I would say she has been unfairly dismissed . I would seek advice :ayatollah: :ayatollah:

Re: Holiday pay advice

Tue Sep 13, 2011 6:07 pm

Port Talbot Bluebird wrote:Thanks very much, I didnt think of asking ACAS.
I have just phoned them and he owes her £122.00

:ayatollah: :ayatollah: :D



I would say he owes her more than that , she must have a case for unfair dismissal, you know you can consult a solicitor about it and wont cost you anything just to ask them ,to see if you have a case. There are solicitors also No win No fee. Go nail the bastards. Good lucky :ayatollah:

Re: Holiday pay advice

Tue Sep 13, 2011 6:41 pm

As far as im aware, as she has been with them less than a 12 month she has no rights under employment law.
They can finish her at any time with no reason given.
She was also told that she wasn't up to the job, which is a load of balls, as she was probably the best employee they had, but she was last in so first out!.
:x

Re: Holiday pay advice

Tue Sep 13, 2011 6:55 pm

Port Talbot Bluebird wrote:As far as im aware, as she has been with them less than a 12 month she has no rights under employment law.
They can finish her at any time with no reason given.
She was also told that she wasn't up to the job, which is a load of balls, as she was probably the best employee they had, but she was last in so first out!.
:x




O yes that is right , if she has only been there for a short time they can let her go any time they wont .

Re: Holiday pay advice

Tue Sep 13, 2011 9:09 pm

Don't know about the 12 month rule, but last in first out is illegal and does not exist anymore, it is now done on criteria i.e time off, sickness, ability to do the job, bad time keeping e.t.c

Re: Holiday pay advice

Tue Sep 13, 2011 9:27 pm

Unfair Dismissal

Unable to claim this if less than 12 months service. There is no service required to make a claim to tribunal if she believes that discrimination (race/gender/age/disability etc) is the reason for the dismissal. If it just because he is a family member that is not unlawful. She is still entitled to 1 weeks notice (more if the contract says so) and disputes relating to pay/holidays etc can be pursued to tribunal irrespective of length of service but must be within 3 months less 1 day of leaving

Holiday Pay

There is a legal requirement to pay the balance of holiday pay outstanding (based on a minimum of 5.6weeks per year). Her contract should state when her holiday year starts but in the absence of anything specific the default position is the her holiday year starts in line with her start of employment

Obviously try to take the matter up with the employer first but if no joy contact acas and ask about pre claim conciliation (see the link http://www.acas.org.uk/index.aspx?articleid=2744 )

Any further help needed pm me