Found 6th Feb
hi,

i appreciate if someone help me. i recently switched to a different employer. i was officially employed till 02 jan 2017 with my ex employer. i was a full time employee and was entitled to paid bank holidays. now my ex employer is refusing to pay me for 1&2 jan saying they were bank holidays. are they correct or shall i get paid?

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31 Comments

the 1st wasnt a bank holiday, only the 2nd was. it also depends on the specifics of your contract but i believe you should be paid for the 2nd dependent on the definition of 'until' i.e. the start of the 2nd or the end of the 2nd...

shishiragarwal

hi,i appreciate if someone help me. i recently switched to a … hi,i appreciate if someone help me. i recently switched to a different employer. i was officially employed till 02 jan 2017 with my ex employer. i was a full time employee and was entitled to paid bank holidays. now my ex employer is refusing to pay me for 1&2 jan saying they were bank holidays. are they correct or shall i get paid?



I think your employer is correct, IF your annual entitlement is calculated from 1st Jan-31st Dec then you haven't accrued any paid holidays...?



If your leaving date is the end of the working day on 2nd January then yes you are entitled to pay for that day.

1 Jan is paid holiday like bank holiday and 2 Jan bank holiday so your employer can add extra days to your holidays or have to pay for them on next pay date

You accrue holiday pay @ 12.07 % of your rate per hour. So you could multiply your hourly rate by hours worked then 12.07% to give you your holiday pay entitlement.

When does the holiday year stat

*start

This year the 1st January was classed as a 'normal' working day, so the Bank Holiday was moved to 2nd January. If your employment finished on 2nd Jan then you should be due 1 days Bank Holiday (depending on your contract terms).

Note if you are in full-time employment and paid a fixed annual salary (rather than calculated based on hours), firms calculate your wages due based on number of actual working days. Since there were no working days (assuming 1st January is not a working day for you), your ex employer is correct that there is no payment due. If you would have finished on 3rd January you would have been paid a day's Salary = (Annual Salary)/260.

Original Poster

thanks for all replies. my holiday year used to be from 1 jan to 31 dec and i was employed till cop of 2nd jan.
Edited by: "shishiragarwal" 6th Feb

Original Poster

this is exact reply i got from payroll when i asked the question
"The money being paid you is all that was owed as the 1st and 2nd were bank holidays so would not be paid." Now they have stopped answering my emails

The 1st was a Sunday. Did you normally work on a Sunday?

shishiragarwal

thanks for all replies. my holiday year used to be from 1 jan to 31 dec … thanks for all replies. my holiday year used to be from 1 jan to 31 dec and i was employed till cop of 2nd jan.


Holiday accumulation is irrelevant. You should have been paid for 1 day (2nd January was a public holiday)

shishiragarwal

thanks for all replies. my holiday year used to be from 1 jan to 31 dec … thanks for all replies. my holiday year used to be from 1 jan to 31 dec and i was employed till cop of 2nd jan.



My understanding is as you never worked any days in 2017 for them, you never accrued any holiday entitlement.

Union member?, If so your rep will confirm?

Alternatively your employee handbook and/or terms and conditions will clarify?

Original Poster

chocci

Holiday accumulation is irrelevant. You should have been paid for 1 day … Holiday accumulation is irrelevant. You should have been paid for 1 day (2nd January was a public holiday)



​no only mon - fri

Original Poster

chocci

Holiday accumulation is irrelevant. You should have been paid for 1 day … Holiday accumulation is irrelevant. You should have been paid for 1 day (2nd January was a public holiday)



​no only Monday - Friday

You have accrued no holiday in 2017. Only 2nd Jan was a bank hol.
You are flogging a dead horse - your time is likely worth more than the effort it would take to make them pay up. Take a breath and move on...

Bank holidaysBank or public holidays do not have to be given as paid … Bank holidaysBank or public holidays do not have to be given as paid leave.An employer can choose to include bank holidays as part of a worker’s statutory annual leave.



gov.uk/hol…hts

the 2nd was official bank holiday as new years day was on a weekend and nobody would the 3rd was aswell if your from Scotland then you would of had 2 bank holidays

Not sure what the issue is over here. Most employment start from Monday and finish on a Friday if it is a Mon-Fri job. So neither the new employer nor the existing employer pays for the weekend. Payments are made based on number of working days in a month if monthly payment.

Since your last working day with previous employer was in 2016, you were paid all your salary and benefits for that year. Irrespective of what date you consider as your last date, payroll stops on the last working day. Your new employer will pay you for the whole of January as you start on the first working day of the month.

Ping me offline if you still not clear.

It all really depends on your employer to be honest.

I work for payroll for a large employer and if your full time you would be entitled to be paid for every public holiday whilst employed by the company.

If your last day of employment was 2nd Jan then in my company would would be entitled to be paid for that day.

Also in the company I work for holiday and salary are calculated on number of days in the month not working days.

You should be paid for the 2nd of Jan if you have been paid for all bank holidays in the previous year.

Ignore the comments saying you haven't accrued any holiday entitlement - its a bank holiday, not relevant.

Keep chasing them for it

varunadas

Not sure what the issue is over here. Most employment start from Monday … Not sure what the issue is over here. Most employment start from Monday and finish on a Friday if it is a Mon-Fri job. So neither the new employer nor the existing employer pays for the weekend. Payments are made based on number of working days in a month if monthly payment. Since your last working day with previous employer was in 2016, you were paid all your salary and benefits for that year. Irrespective of what date you consider as your last date, payroll stops on the last working day. Your new employer will pay you for the whole of January as you start on the first working day of the month.Ping me offline if you still not clear.



That has not been the case with any of my last 3 jobs.

Jan has 21 working days. Feb 20 working days. March 23 working days.

My pay at the end of the month is always the same regardless of how many working days you work.

Original Poster

thanks guys. since they stopped answering my emails, what are my options?

shishiragarwal

thanks guys. since they stopped answering my emails, what are my options?



Either:

1) A letter sent via recorded delivery demanding the outstanding payment, stating exactly the reasons you believe yourself to be entitled to it, citing all supporting evidence. Threaten small claims court if the money is not paid before x date.

2) Drop the matter. Is it really enough money to be worth burning bridges over?

Original Poster

dxx

Either:1) A letter sent via recorded delivery demanding the outstanding … Either:1) A letter sent via recorded delivery demanding the outstanding payment, stating exactly the reasons you believe yourself to be entitled to it, citing all supporting evidence. Threaten small claims court if the money is not paid before x date. 2) Drop the matter. Is it really enough money to be worth burning bridges over?



​hi,
we are talking about £200+ which i am not willing to give up if i am entitled to

shishiragarwal

​hi,we are talking about £200+ which i am not willing to give up if i am e … ​hi,we are talking about £200+ which i am not willing to give up if i am entitled to



I'd start writing that letter, than.
Edited by: "dxx" 7th Feb

MajesticUnicorn

That has not been the case with any of my last 3 jobs.Jan has 21 working … That has not been the case with any of my last 3 jobs.Jan has 21 working days. Feb 20 working days. March 23 working days. My pay at the end of the month is always the same regardless of how many working days you work.



If you are paid monthly and if you worked for all the working days in a month then you are entitled to full month's salary. If you leave the firm before the end of the month, payroll calculates the payment due based on the number of working days you worked in that month with each day payment calculated at (1/260) x Annual Salary. Since OP did not work for a single day in January 2017, he is not entitled to any payments. If he has started with a new employer on 3rd January 2017, he will be entitled to a full month's salary over there - hence I do not understand why the employer is incorrect?



Edited by: "varunadas" 7th Feb

shishiragarwal

​hi,we are talking about £200+ which i am not willing to give up if i am e … ​hi,we are talking about £200+ which i am not willing to give up if i am entitled to


is that one days pay? you definitely arent entitled to any pay for sunday 1st

Original Poster

thanks guys because of your help HR agreed to pay for 1 day

Banned

shishiragarwal

thanks guys because of your help HR agreed to pay for 1 day



They had no choice but to agree
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