She want us to pay her the 7 days holiday pay she believes she is entitled to because she doesn't think she should be told that she has to use holiday entitlement for the Xmas break. She says that we should have given her at least 1 months warning that holiday entitlement had to be used and she claims that I didn't inform her of this, which I did discuss this at the end of November when I was informed that the building would be closed during this period. Basically it is her word against mine. She also said that if she had known that she would have to use her holiday entitlement then she would have come into work. This was never an option as the building is locked up over this period and we don't have keys.
She also claims that she should have legally received a contract even though she was on a 3 month trial and if this contract had have been issued to her then all holiday information would of been in the contract, which isn't strictly true. The annual holiday entitlement would have been in the contract but not necessarily the fact that holiday entitlement would have to be saved for the Christmas break. I have never had a contract from any of my previous employers stating the rule regarding holiday closures. It is a given norm that holiday entitlement would have to be used. Companies are not in the habit of giving people time off with full pay for Christmas holidays.
I await your reply and hope you can steer us in the right direction.
For Ben Jones Only
Yes the verbal discussion was the only tie this issue was discussed. I clearly stated that holiday entitlement would have to be used for all days not worked between Christmas & New Year period. She is saying that she remembers the discussion but did not think it related to her. Their was no one else in the office at the time except the 2 of us.
Thank you for your help in this matter. It is really appreciated.