TSR George
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I quit ajob a Tesco and just got paid. I know I’m legally entitled to unused holiday. However I didn’t get this holiday pay, just my normal contracted amount. Does anyone know my legal entitlements to the pay? Do they have to pay it ASAP or can they wait until next payday? Thanks in advance
Last edited by RK; 9 months ago
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threeportdrift
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(Original post by L.D.S.)
Hi, so I quit Tesco a week ago and just got paid. I know I’m legally entitled to unused holiday which for me is ~£600. However I didn’t get this holiday pay, just my normal contracted amount. Going to phone head office tomorrow, does anyone know my legal entitlements to the pay? Do they have to pay it ASAP or can they wait until next payday? Thanks in advance
You are entitled to that proportion of your leave you haven't taken up to your final day. You should have calculated and agreed that before you left. If you didn't, then get back to them asap and yes, you will almost certainly have to wait until the next pay run. They are not obliged to pay it immediately, the law recognises that employers have technical and security reasons why pay is only paid through certain key processes. There is usually only one main and one back up pay run per calendar month.
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threeportdrift
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I can't tell from what you've said, but are you sure you have calculated your remaining leave entitlement correctly?

It works like this (made up numbers for ease of explanation)

Say the company leave year works 1 Jan to 31 December and you get 24 days leave.
Proportionately, that works out at 2 days per month.
If you leave on 30 June, you have worked for 6 months and are only entitled to 6/12th of a full year of leave ie 12 days
If by 30 June you have taken 14 days, you owe the company 2 days leave
If by 30 June you have taken 10 days leave, you entitlement will drop to 2 days, not 14, but the company owes you for the 2 days.
They can't necessarily pay you in your final leave package, because of policies or systems (in companies where people frequently change their minds, like supermarkets for example)
They will catch up in the next pay run when they know you have actually left and are owed.
Remember, pay is always in arrears.
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threeportdrift
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You'll have to check in the staff handbook, or with a colleague who still has access to the online rules, or ask the HR department, but I should think it works like this -

The 'week in the first 3 months' is just an internal cap on taking leave, for you that week would have been your week's worth of 4 nights. They are just making sure employees get a good foundation in the job and learn, rather than coming and going in the first few months. It's not an additional allowance or anything.

So say you are entitled to 20 days per year, and the leave year runs 1 April to 31 March.

Q1 - were you employed by the company on 1 April, if not, what date did you start?
Q2 - what date did you leave?

Say you were employed by them on 1 April, and you left on 1 Nov, that's 8/12 of your 20 days you are entitled to, ie 15 days
If you've only taken 2 days leave since 1 April, they owe you 13 days.

Your old payslips were all assuming you were entitled to the whole of the rest of the year's pay - they didn't know you were going to leave mid-year. The fact that they say you were entitled to 10 days, suggests your 20 day calculation is incorrect - you need to look at your contract or the staff handbook and see what your initial leave allowance was.
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Student1191
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(Original post by L.D.S.)
Hi, so I quit Tesco a week ago and just got paid. I know I’m legally entitled to unused holiday which for me is ~£600. However I didn’t get this holiday pay, just my normal contracted amount. Going to phone head office tomorrow, does anyone know my legal entitlements to the pay? Do they have to pay it ASAP or can they wait until next payday? Thanks in advance
You should’ve just taken holiday on all your shifts before leaving
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threeportdrift
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Off the top of my head, the 16 days doesn't sound wildly wrong. A full time employee is entitled to 28 days paid leave per year, but that can include the 8 Bank Holidays of which there are 8, and none occurred in the time you worked for the company, so 20 days is what you are left with. You were only working 4/5 days, so 16/20 seems logical as your annual leave allowance, but in addition you would have got the 8 Bank Holidays when they occurred (or time off in lieu).

While you were employed, your leave entitlement for 28 Aug 18 to 31 Mar 19 would have been 215/365ths of 16 - 9 days

However, you only worked 28 Aug to 12 Nov which is 76/365ths of 16 - 3.33 days.

You took 2 days leave, so potentially they owe you 1.3 days - no idea how they do rounding.
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