leaving job holiday payment

xcooldriver

hi, I work for a company for 8 year and now I resign. I didn’t manage to take all my holiday for the past 8 year., but now they told me I cant claim the holiday payment from the past. is it true?

Stheno

Yes if their company policy says that you can't carry forward holidays, this would be the case.

xcooldriver

Stheno wrote: »

Yes if their company policy says that you can't carry forward holidays, this would be the case.

then wont it be unfair to me because they are the one who didn't clear my holiday payment?

Stheno

xcooldriver wrote: »

then wont it be unfair to me because they are the one who didn't clear my holiday payment?

Well if it's for this year they should pay you any outstanding pay when you finish.
For previous years, why didn't you take your holidays? How many holiday days were you entitled to?

xcooldriver

Stheno wrote: »

Well if it's for this year they should pay you any outstanding pay when you finish.
For previous years, why didn't you take your holidays? How many holiday days were you entitled to?

I did take my holiday. but they didn't pay me all the payment, ie (suppose to get 30hour holiday payment instead they only pay me 20hour)

therecklessone

xcooldriver wrote: »

hi, I work for a company for 8 year and now I resign. I didn’t manage to take all my holiday for the past 8 year., but now they told me I cant claim the holiday payment from the past. is it true?

xcooldriver wrote: »

I did take my holiday. but they didn't pay me all the payment, ie (suppose to get 30hour holiday payment instead they only pay me 20hour)

Hi OP,

I'm guessing that English isn't your first language (apologies if I'm wrong!) but those two posts contradict each other. If you are going to pursue this issue you should ensure that you present the facts as clearly and as honestly as you possibly can.

By law your employer is responsible for making sure that you take your full complement of statutory annual leave in the year in which it is accrued, or (with your consent) in the first 6 months of the following year. Payment for holidays is supposed to happen immediately before the leave is taken, but nothing prevents you and your employer entering into a more favourable arrangement (to you) re. payment.

If you have been granted your full holidays but not been paid the correct holiday pay then you can make a complaint to Workplace Relations as assuming you have calculated correctly then the failure to pay the correct amount is a breach of the Organisation of Working Time Act 1997.

Please note however that you are required to make any complaint within six months of any dispute arising (this may be extended to twelve months if sufficient reason can be shown for delay in making the complaint). In your case it might be argued that you should have initiated a complaint within six months of the first occurrence of the incorrect payment of the holiday pay, and that having waited until now you are only entitled to make a complaint about an incorrect payment a maximum of one year ago. Obviously this would not be to your benefit.

Have you a union that you can ask for advice? If not, I would recommend approaching your employer again and explaining that if you do not get full compensation for outstanding holiday pay you will have no option but to make a complaint to Workplace Relations. The possibility of that might be enough to get them to reconsider.

In the meantime visit your local Citizens Information centre where you can talk to an adviser and may get some further suggestions.

Best of luck.

xcooldriver

thx for the info