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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48442
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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an employee has left 7 weeks into the new year and is asking

Resolved Question:

an employee has left 7 weeks into the new year and is asking for holiday pay for this year and last year.she works 7.5 hours per week
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is your specific query about this?

Customer:

a waitress recently left my employement she works on average 7.5 hrs per week with a take home pay of £37.50. i belerive she also works localy for some one else which makes it difficult to extend any further working commitment. following some confusion as to notice period the last days work did not take place iam however prepared to pay the average payment she is also claiming holiday pay which based on hours since the begining of april is 55 hours total worked

Customer:

therfore i assume it to be just on 7 hours payable.she did not however recieve an hol pay for vthe prevoius year and is now compleate with the involvement of acas asking for last year and the prevoius 2 years

Ben Jones :

why did she not receive anything for last year?

Ben Jones :

PS: I just have some scheduled maintenance on my internet connection so may unexpectedly go off but rest assured I will receive your replies and will respond shortly

Customer:

she never asked

Customer:

it dosn't come up because .1 i pay over the odds to part time staff which by there nature come and go 2 subject to family commitments,and returning to school,colledge or university we might not see them for 3 or 4 months at a time.but we do keep their placements open for their retrurn many of our staff come and go for 5 or 6 years

Customer:

it just never came up that her holiday entitlement had lapsed

Ben Jones :

Thanks for your patience. You would be expected to pay her for any accrued but unused holidays for the current holiday year. You would need to calculate how much she has accrued by taking the average number of hours for the last 7 weeks and use that to make the calculation using this tool:


 


https://www.gov.uk/calculate-your-holiday-entitlement


 


She will not be entitled to claim for holidays for the previous holiday years if she simply did not take them. The only time she can claim for past holiday years is in the following circumstances:



  • She was on long term sick leave and was unable to take the holidays because of that

  • She tried to take holidays but you did not allow her, or she took holidays but was not paid for them

Ben Jones :

as this answered your query?

Customer:

I beleve so the only thing i need to know is whos responsability is it to have the employees to have their holidays

Customer:

i will be back to my pc in 10 mins and will rate good

Customer:

many thanks john doyle

Ben Jones :

Employees have the right to ask to take holidays throughout the year. The employer can either accept or reject these requests. If the employee is not allowed to take their holidays and as a result have holidays left over at the end of the year, they should either be allowed to carry them over or be paid for them. However, if the employee has made no efforts to take the leave they were entitled to then they will simply lose any untaken holidays at the end of the year

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