01
May
2018
A question about : McDonalds not paying accured holiday pay after termination
I accured over Ј360 of holiday pay during my employment with mcdonalds since mid september and gave in 1 weeks notice of my termination (2 shifts of that week i could not work due to training for my new job)
According to managers i am not entitled to this holiday pay at all as my final payment as i did not work my full notice, yet this is mentioned nowhere in my contract, and it also says in the hourly paid employees handbook that even without notice i am fully entitled to my holiday pay.
So isn't it illegal that i am not paid my earnt holiday pay?
Who do i speak to about all this? (I spoke to a couple of the managers about this to end with the same conclusion: nope won't pay it)
Any help will be appreciated!
Best answers:
- So, you breached your contract and now moan they are doing the same?
You should still get the payment and you are probably best to mention it to HR rather than the branch managers.
However, be aware that whilst the risk is low and unlikely you could be sued for breach of the contract to pay for the additional costs the branch may have incurred having to replace you.
This is basically tit for tat. - was your contract for a fixed number of hours per week or effectively a zero hours contract - if the latter I think you can refuse any shift without any penalty. Equally the two issues of notice and holiday are I think seperate and cannot be combined in this way.
- I would contact HRR and see what they say x
- The 2 days i did not do was due to training for new job, not avoidable.
and it was zero hour contract with mcdonalds, not fixed term
i asked multiple times for time off for those days off to train for the new job within that week, even applied to have those days off as holiday, paid or unpaid.
and no i haven't received my p45. - I'm currently doing an employment tribunal claim for unpaid holiday pay with another major retailer. The problem I had was the store was saying contact head office and head office said its the stores fault and to contact them.
The problem you may have is that throughout that claim I was told I only had 3 months to make it and they made me aware of the timescales throughout. As its longer than 3 months macdonalds may know that you only have that time and might ignore you.
However if I were you I would phone ACAS for advice as they would have contacts at macdonalds who might help - Thanks for the advice guys!
After just coming off the phone with ACAS they have advised me that what they are doing is illegal especially as it was a zero hour contract, regardless of notice. Advised to send a letter to the main franchisee/payroll office stating the situation and ask to be paid the full amount within 7 days from the dated letter, if no contact then further action can be taken.
Thanks again - So what I said in post 2...
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