Is it me !?!?!?!?

System
System Posts: 100,534 🤖 Admin 🤖
edited 12:08PM in AAT member discussion
Is it me or are some clients really clueless???

I received payroll timesheets from one of my clients today who was paying two weeks holiday pay to an employee who only started in November 06. When I queried him he said that the employee had told him that he had no holidays at all this year and was entitled to them!!! My client believed him and was fully prepared to pay him two weeks leave.

As said before.......clients eh....gotta love em!

Everyone happier now at 31st Jan :lol:

Comments

  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Is it me !?!?!?!?

    If it wasn't for clueless clients, we'd be out of a job :lol:

    As for your client, he can pay the 2 weeks holiday if he wants. The employee is entitled to 4 weeks during the year. It would be unrealistic to expect someone to work 48 weeks and then take the next 4 weeks off so that they don't carry any holidays over to next year. If that was the case, many of us would have to take our holidays in December. Not a bad idea, but not very practical in our line of work.

    One safeguard that your client should build into his contracts is that he can recover any overpayment of holiday entitlement from the employee's final salary. That way, he makes sure to get his money back if the employee doesn't accrue enough holidays.

    Michael
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Is it me !?!?!?!?

    Thanks Michael

    In this case, the employee was under the impression that as he had been taken on when another firm collapsed (who is a relation to my client) he would carry over any holiday accrued also. I explained to my client that the previous employer should have paid his employee any outstanding holiday pay and he in fact commenced fresh employment with my client.

    Thanks for the tip on building overpayment recovery into the contract, that was something I was not aware of! I will certainly reccomend that he makes ammendments to his contract :D

    Siany
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Is it me !?!?!?!?

    Hi Siany

    Just a note of caution..

    I'm sure your client has all the legal ramifications covered but if he did take over another firm, collapsed or not, then the staff are often still entitled to any accrued benefits.

    The law always tends to be on the employee's side in these circumstances even if there was no 'formal' takeover.
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Is it me !?!?!?!?

    Hi Dean

    It was not a takeover as such, the firm collapsed and the employees were given P45's and laid off.

    My client offered them work with him. Thanks for the caution though. That again is something I was not aware of. We are always learning aren't we :shock:
  • System
    System Posts: 100,534 🤖 Admin 🤖
    Re:Is it me !?!?!?!?

    Good point Dean

    The Transfer of Undertakings and the Protection of Employment Act says that Holiday Pay accrued is carried over to the new employer, but only, as Siany says, if it's a proper takeover. It's a delicate balance, though, and it might be worth getting some further advice. ACAS provide a free telephone helpline for things like this.

    Michael

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