How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49442
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I started work on the 15 of may with a probationary of 26

This answer was rated:

I started work on the 15 of may with a probationary of 26 weeks. I have been told I am no longer required there halfway through the 27th week of employment. No extensions were put on the probationary period. What rights do I have in regards ***** ***** holidays due and unpaid overtime. In my contract it states that after probation period the notice time is 1 month. Does this mean I should receive a months pay plus due holidays and overtime

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Does the contract provide for overtime pay?

Please note I’m just leaving the office so will reply later today from home thanks

Customer: replied 3 months ago.
I started work on the 15 of may with a probationary of 24 weeks. I have been told I am no longer required there halfway through the 27th week of employment. No extensions were put on the probationary period. What rights do I have in regards ***** ***** holidays due and unpaid overtime. In my contract itstates that after probation period the notice time is 1 month. Does this mean I should receive a months pay plus due holidays and overtime. Overtime hours were not paid but added up at the end of the year and given as time in lie. I have around 46 overtime hours and about 8 days holiday owing
Customer: replied 3 months ago.
I started work on the 15 of may with a probationary of 24 weeks. I have been told I am no longer required there halfway through the 27th week of employment. No extensions were put on the probationary period. What rights do I have in regards ***** ***** holidays due and unpaid overtime. In my contract itstates that after probation period the notice time is 1 month. Does this mean I should receive a months pay plus due holidays and overtime. Overtime hours were not paid but added up at the end of the year and given as time in lie. I have around 46 overtime hours and about 8 days holiday owing. I have attached a pic of some of my contract.
Customer: replied 3 months ago.
I started work on the 15 of may with a probationary of 24 weeks. I have been told I am no longer required there halfway through the 25th week of employment. No extensions were put on the probationary period. What rights do I have in regards ***** ***** holidays due and unpaid overtime. In my contract itstates that after probation period the notice time is 1 month. Does this mean I should receive a months pay plus due holidays and overtime. Overtime hours were not paid but added up at the end of the year and given as time in lie. I have around 46 overtime hours and about 8 days holiday owing. I have attached a pic of some of my contract.

Many thanks for your patience. Whilst you are not protected against unfair dismissal, which means you cannot challenge the dismissal itself, you will have certain legal and contractual rights in terms of what you can expect to be paid on termination.

Under contract you have the right to receive a month’s notice at this stage so that is the first thing you should get. The employer can either pay you in lieu of notice and send you on your way immediately, or they can ask you to work that notice period.

You will have the right to be paid for the accrued holidays as well, unless the employer asks you to take them as part of your notice period. So for example, if you are asked to work your month’s notice period, the employer can nominate 8 days during that month which you must take as holidays and then they will not have to pay you extra on top of the notice period.

As for overtime pay, the contract does not provide for any overtime pay and if your accrued overtime was given back to you as time off in lieu at the end of the year then you have no automatic right to be paid for that now - the employer has the discretion of paying you for it so you have nothing to lose by asking, but if they refuse you cannot force them to and the only way to have received that time back is to have remained in employment when it was given back to you. If you leave beforehand, even if due to dismissal, you cannot just expect to be paid for it unless your contract specifically gave you that right.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 3 months ago.
I was sent on my way straight away so I gather this means I get at least my 4 weeks notice plus holidays? Do the holiday days accrue during the notice period?

in that case then yes it will be the month's notice plus the accrued holidays. During the notice period holidays only accrue if you work it, they do not accrue if you are dismissed and paid in lieu of notice. Does this clarify things for you?

Customer: replied 3 months ago.
thank you

you are welcome and all the best

Ben Jones and other Employment Law Specialists are ready to help you