Comments on: Holidays From Work: How Much Time? How Much Cash? http://www.lawchat.co.uk/2008/12/holidays-from-work-how-much-time-how-much-cash/ An informal forum for English legal topics Mon, 11 Jan 2010 16:44:31 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Keith Flook http://www.lawchat.co.uk/2008/12/holidays-from-work-how-much-time-how-much-cash/#comment-4551 Keith Flook Wed, 17 Jun 2009 07:49:15 +0000 http://www.lawchat.co.uk/?p=136#comment-4551 Thank, had a word with ACAS, who advised us to start an ET claim. Advised us, that as she had not received anything in writing or verbally, her holiday year started on 16th June, so her ex employer actually owed her over 3 weeks holiday pay. It looks like her ex employer took advice following receiving the claim from ET and is going to pay the claim in full, should get the cheque by next week. Thank, had a word with ACAS, who advised us to start an ET claim.
Advised us, that as she had not received anything in writing or verbally, her holiday year started on 16th June, so her ex employer actually owed her over 3 weeks holiday pay.
It looks like her ex employer took advice following receiving the claim from ET and is going to pay the claim in full, should get the cheque by next week.

]]> By: Law Chat http://www.lawchat.co.uk/2008/12/holidays-from-work-how-much-time-how-much-cash/#comment-3415 Law Chat Thu, 07 May 2009 11:34:28 +0000 http://www.lawchat.co.uk/?p=136#comment-3415 Keith, Thanks for your message. Although your wife has technically been unfairly dismissed, she's not had a year's employment which is the statutory minimum for bringing a claim in the Tribunal (unless discrimination has occurred, such as pregnancy related dismissal). We would suggest following the route of the county court for a contractual claim based on the amounts owed, notice and holiday pay, if you and your wife feel strongly enough to do so. I'm afraid we can't give more specific advice online, but if you would like to get in touch please do so (contact details at the foot of this page). Keith,

Thanks for your message. Although your wife has technically been unfairly dismissed, she’s not had a year’s employment which is the statutory minimum for bringing a claim in the Tribunal (unless discrimination has occurred, such as pregnancy related dismissal). We would suggest following the route of the county court for a contractual claim based on the amounts owed, notice and holiday pay, if you and your wife feel strongly enough to do so. I’m afraid we can’t give more specific advice online, but if you would like to get in touch please do so (contact details at the foot of this page).

]]> By: Keith Flook http://www.lawchat.co.uk/2008/12/holidays-from-work-how-much-time-how-much-cash/#comment-3154 Keith Flook Wed, 06 May 2009 13:52:40 +0000 http://www.lawchat.co.uk/?p=136#comment-3154 My wife was dismissed from her job last week, verbally and told not to come in again. She had been working there since 16th June 2008, so would find it diffucult to take anything to ET. In that time she had received nothing at all in writing regarding Contract or Terms. She asked a co-owner for a weeks holiday last September and was given it but the other co-owner that handles the staffing refused to pay holiday pay. My wife had to request, quite strongly, to receiver her correct pay for a week worked before a weeks holiday in March. Since the September whenever my wife has queried something she had been told "If you don't like it then leave" She was given a verbal warning for failing to clean the Hotel rooms properly but found recently that they allowed other members of staff to use the rooms to get changed in after the rooms had been cleaned. I drew up a letter for my wife to send to the owners asking for final settlement of all amounts owned to her including that weeks holiday and payment in lieu of notice, etc. The owners refuse pay for that weeks holiday in September they withheld and have told my wife if she tries to make thing public they will see a Solicitor and have us done for harassment. Is there anything we can now do or make a claim to the County Court under the small claims procedure? My wife was dismissed from her job last week, verbally and told not to come in again.
She had been working there since 16th June 2008, so would find it diffucult to take anything to ET.
In that time she had received nothing at all in writing regarding Contract or Terms.
She asked a co-owner for a weeks holiday last September and was given it but the other co-owner that handles the staffing refused to pay holiday pay.
My wife had to request, quite strongly, to receiver her correct pay for a week worked before a weeks holiday in March.
Since the September whenever my wife has queried something she had been told “If you don’t like it then leave”
She was given a verbal warning for failing to clean the Hotel rooms properly but found recently that they allowed other members of staff to use the rooms to get changed in after the rooms had been cleaned.
I drew up a letter for my wife to send to the owners asking for final settlement of all amounts owned to her including that weeks holiday and payment in lieu of notice, etc.
The owners refuse pay for that weeks holiday in September they withheld and have told my wife if she tries to make thing public they will see a Solicitor and have us done for harassment.
Is there anything we can now do or make a claim to the County Court under the small claims procedure?

]]> By: Law Chat http://www.lawchat.co.uk/2008/12/holidays-from-work-how-much-time-how-much-cash/#comment-2592 Law Chat Mon, 09 Mar 2009 09:53:04 +0000 http://www.lawchat.co.uk/?p=136#comment-2592 David, I'm afraid I don't quite understand. If you're saying you haven't been paid for the holiday you have taken, then this is unlawful, assuming you are referring to the holiday you are due under your contract of employment. If it is more complicated than this, you better get in touch with us. See the contact information at the very bottom of this page. David, I’m afraid I don’t quite understand. If you’re saying you haven’t been paid for the holiday you have taken, then this is unlawful, assuming you are referring to the holiday you are due under your contract of employment. If it is more complicated than this, you better get in touch with us. See the contact information at the very bottom of this page.

]]> By: David Evans http://www.lawchat.co.uk/2008/12/holidays-from-work-how-much-time-how-much-cash/#comment-2131 David Evans Fri, 06 Mar 2009 17:54:49 +0000 http://www.lawchat.co.uk/?p=136#comment-2131 I have been told that I will only be paid for any hoildays taken at the end of my contract, instead of when I took the holiday. This is not stated in the contract I signed. Is thsi legal? If not what regulation covers this? I have been told that I will only be paid for any hoildays taken at the end of my contract, instead of when I took the holiday. This is not stated in the contract I signed. Is thsi legal? If not what regulation covers this?

]]> By: Law Chat http://www.lawchat.co.uk/2008/12/holidays-from-work-how-much-time-how-much-cash/#comment-2590 Law Chat Fri, 06 Feb 2009 09:46:33 +0000 http://www.lawchat.co.uk/?p=136#comment-2590 Carolina, the default position is that employers do not have to pay for unused holidays, unless it is stated by contract that they do. So, in your case, it seems that your employer does not have to pay you for holidays not taken (I presume you mean employer, not employee). Carolina, the default position is that employers do not have to pay for unused holidays, unless it is stated by contract that they do. So, in your case, it seems that your employer does not have to pay you for holidays not taken (I presume you mean employer, not employee).

]]> By: carolina http://www.lawchat.co.uk/2008/12/holidays-from-work-how-much-time-how-much-cash/#comment-2043 carolina Wed, 04 Feb 2009 23:08:46 +0000 http://www.lawchat.co.uk/?p=136#comment-2043 does an employee have to pay you for holidays not taken ? The contract only statesholidays unused cannot be carried forward to next year. No mention is made that they will not pay you for unused days. does an employee have to pay you for holidays not taken ? The contract only statesholidays unused cannot be carried forward to next year. No mention is made that they will not pay you for unused days.

]]> By: Law Chat http://www.lawchat.co.uk/2008/12/holidays-from-work-how-much-time-how-much-cash/#comment-1545 Law Chat Thu, 22 Jan 2009 14:37:49 +0000 http://www.lawchat.co.uk/?p=136#comment-1545 Dave, thanks for your comment. The first and most important port of call is your contract of employment. I strongly suspect (as you work for a leading chain) that the contract will allow your employer to require staff to work those days. If (however unlikely) your employer does not have this right, I suggest you speak to your line manager and then, if you want to take it further, contact a solicitor of your choice for advice. Dave, thanks for your comment. The first and most important port of call is your contract of employment. I strongly suspect (as you work for a leading chain) that the contract will allow your employer to require staff to work those days. If (however unlikely) your employer does not have this right, I suggest you speak to your line manager and then, if you want to take it further, contact a solicitor of your choice for advice.

]]> By: DAVE ASHBY http://www.lawchat.co.uk/2008/12/holidays-from-work-how-much-time-how-much-cash/#comment-1417 DAVE ASHBY Wed, 21 Jan 2009 21:18:52 +0000 http://www.lawchat.co.uk/?p=136#comment-1417 I work for a leading chain of supermakets, and staff have been told they will have to work the Saturday and Sunday inbetween Christmas and Boxing day of this year 2009, are they allowed by law to impose this and break up the holiday break? I work for a leading chain of supermakets, and staff have been told they will have to work the Saturday and Sunday inbetween Christmas and Boxing day of this year 2009, are they allowed by law to impose this and break up the holiday break?

]]>