Annual Leave Hours Not Paid.

carzony

Hi All,

I left my Job for a new Job with an entirely different company. The issue I've been having is that my employer has not paid me my remaining annual leave.

I recently returned to the company after the new job didn't work out for me. The company is now saying that I am classed as a new employee and I'm not entitled to my annual leave hours.

Would anyone be able to advise me? They are basically withholding my full years annual leave hours and will not let me even carry them over.

Dav010

Are you saying the company did not pay you your untaken leave in your final paycheque when you left? If so, pro rata, how many days accrued had you not taken/were owed to you?

If you left your job for another at a different company, then you terminated your employment as it was, would you not be commencing a new CID and therefore be classed as a new employee?

carzony

Dav010 wrote: »

Are you saying the company did not pay you your untaken leave in your final paycheque when you left? If so, pro rata, how many days accrued had you not taken/were owed to you?

Exactly. They did not pay me my untaken annual leave. I was owed rougly 3 weeks.

However, I returned to this company but considered a new employee. They are telling me I'm not entitled to my untaken annual leave?

Dav010

carzony wrote: »

Exactly. They did not pay me my untaken annual leave. I was owed rougly 3 weeks.

However, I returned to this company but considered a new employee. They are telling me I'm not entitled to my untaken annual leave?

When you say “roughly 3 weeks”, it would take 9 months to accrue 3 weeks leave, assuming your working year runs jan 1 to Dec 31, you would have had to be leaving your job at the end of September not having taken a single leave day since January 1st, is that the case?

In relation to your new employment, it is like you worked there for the first time. They are required to pay you your untaken leave from your original emplyment, you are not entitled to carry any benefits over into your “new” job.

_Brian

They are right.
You left, broke your service and so from an employment perspective the clock has been reset.

The only way this could have been avoided was to have negotiated otherwise on your return.

Did you sign a new contract, if so your annual leave will be detailed in that.

rock22

_Brian wrote: »

They are right.

He should have been allowed take his annual leave before the first employment period ended or been paid for the relevant days.

But agree it has nothing to do with the current employment period

_Brian

rock22 wrote: »

He should have been allowed take his annual leave before the first employment period ended or been paid for the relevant days.

But agree it has nothing to do with the current employment period

It Says nowhere that op wasn’t allowed take the leave. It’s a pain sometimes managing people who continually build leave without taking it.

Even now in a job where policy is use it or loose it I schedule people off so their leave is used rather than lost.

m5ex9oqjawdg2i

_Brian wrote: »

It Says nowhere that op wasn’t allowed take the leave. It’s a pain sometimes managing people who continually build leave without taking it.

Even now in a job where policy is use it or loose it I schedule people off so their leave is used rather than lost.

You cannot lose statutory rights.

Dav010

Rosemary Shapely Plasma wrote: »

You cannot lose statutory rights.

Making sure people take accrued leave during year is not losing statutory rights.

Op needs to clarify what leave remains unpaid, having 3 weeks seems unrealistic as it would imply the op left job 3 weeks ago without taking a leave day this year.

ibarelycare

Dav010 wrote: »

Making sure people take accrued leave during year is not losing statutory rights.

Op needs to clarify what leave remains unpaid, having 3 weeks seems unrealistic as it would imply the op left job 3 weeks ago without taking a leave day this year.

You're basing that on a 20 day annual leave allowance. OP very well could have 30 days and could have built up 3 weeks in 6 months, for example.

Regardless OP you are entitled to be paid for the accrued annual leave that you built up and didn't use at your original leaving date, and you should fight for that.

_Brian

Rosemary Shapely Plasma wrote: »

You cannot lose statutory rights.

I agree but it’s easier to manage it so as to avoid the problem altogether.

m5ex9oqjawdg2i

Dav010 wrote: »

Making sure people take accrued leave during year is not losing statutory rights.

Op needs to clarify what leave remains unpaid, having 3 weeks seems unrealistic as it would imply the op left job 3 weeks ago without taking a leave day this year.

The poster said "use it or lose it", you cannot lose it. At the very least, you have to be paid for it.

Dial Hard

Rosemary Shapely Plasma wrote: »

The poster said "use it or lose it", you cannot lose it. At the very least, you have to be paid for it.

That's generally the term used for leave that can't be carried over to the following year. Nothing to do with not being paid/allowed to take the leave.

whomitconcerns

You can't carry over or be paid for untaken statutory leave unless you leave a job mid year. It must legally be taken in the calender year.

In the ops case they are entitled to be paid for any accrued and untaken holidays up to the day they left the role. As had already been pointed out his new role is irrelevant, he has 0 accrued now. But they owe him from last time.

Dav010

ibarelycare wrote: »

You're basing that on a 20 day annual leave allowance. OP very well could have 30 days and could have built up 3 weeks in 6 months, for example.
.

20 days is the statutory entitlement for full time employment and unless the poster states otherwise, it is fair to assume that is the case.

Maybe the op will confirm this, previous posts suggest this was not a full time job.

carzony

Hi Guys,

This was a full time job and I had been with the company over 3 years.

Gotfoodforphil

Not only was OP entitled (and would still be entitled to) their previous annual leave as pay, but they can choose the method of calculation that provides them with the greatest benefit. They can choose one of 3 calculation methods as best benefits them, and the employer must comply as long as it is fair and accurate. Check section 19.1 of the Organisation of Working Time Act of 1997. Get what you’re owed OP.

Salary Negotiator

carzony wrote: »

Hi Guys,

This was a full time job and I had been with the company over 3 years.

But had you accrued any unused annual leave in the current leave period?

Length of service is irrelevant.

Stheno

carzony wrote: »

Hi Guys,

This was a full time job and I had been with the company over 3 years.

How much of this year's statutory 20 days were you due when you left?

Ie if you left in June you had accrued ten days but if you'd taken ten you had no entitlement to be paid for

Dav010

carzony wrote: »

Hi Guys,

This was a full time job and I had been with the company over 3 years.

In May you posted that you were working on12 hrs per week, do you actually know how much holiday leave you have accrued and how much you are owed?

_Brian

whomitconcerns wrote: »

You can't carry over or be paid for untaken statutory leave unless you leave a job mid year. It must legally be taken in the calender year.

In the ops case they are entitled to be paid for any accrued and untaken holidays up to the day they left the role. As had already been pointed out his new role is irrelevant, he has 0 accrued now. But they owe him from last time.

If you leave without being paid your desperately unlikely to be paid them.

Maybe since he’s back he might be listened to but it’s unlikely.

Gotfoodforphil

_Brian wrote: »

If you leave without being paid your desperately unlikely to be paid them.

Maybe since he’s back he might be listened to but it’s unlikely.

He was and is legally entitled to that pay. They can’t just say they don’t owe him. It’s complicated and he may muddy the waters looking for it now because he’s back in the same place, but if he wants he can. Up to him

Dav010

Gotfoodforphil wrote: »

He was and is legally entitled to that pay. They can’t just say they don’t owe him. It’s complicated and he may muddy the waters looking for it now because he’s back in the same place, but if he wants he can. Up to him

There is no doubt the employer must pay any untaken annual leave accrued when you leave your employment.

But so far it is unclear if the op actually knows what he/she is owed.

ibarelycare

Stheno wrote: »

How much of this year's statutory 20 days were you due when you left?

Ie if you left in June you had accrued ten days but if you'd taken ten you had no entitlement to be paid for

They’re entitled to their contractual accrued holidays, not just statutory.

Dav010

ibarelycare wrote: »

They’re entitled to their contractual accrued holidays, not just statutory.

Op has not confirmed either, so statutory is default.

Mrs OBumble

ibarelycare wrote: »

They’re entitled to their contractual accrued holidays, not just statutory.

Nope.

Only statutory needs to be paid out.

Over and above that may be forfeited if not used depending on company policy.

ibarelycare

Dav010 wrote: »

Op has not confirmed either, so statutory is default.

Yes but I’m pointing out that the advice being given based on the assumption of statutory entitlements may not be accurate.

ibarelycare

Mrs OBumble wrote: »

Nope.

Only statutory needs to be paid out.

Over and above that may be forfeited if not used depending on company policy.

If an employee is contractually entitled to more than statutory holiday entitlements, then their contractual entitlements are taken into account when calculating their accrued annual leave on termination.

PostWoke

_Brian wrote: »

They are right.
You left, broke your service and so from an employment perspective the clock has been reset.

But he's still owed what should have been paid as he quit.

Mrs OBumble

ibarelycare wrote: »

If an employee is contractually entitled to more than statutory holiday entitlements, then their contractual entitlements are taken into account when calculating their accrued annual leave on termination.

Except if their contract says "use it or lose it" which many do for over statutory amounts.

rock22

Clearly the OP wants to keep everyone guessing rather than clarify