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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48188
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My friend has worked 40 hours per week for the same shop for

Resolved Question:

My friend has worked 40 hours per week for the same shop for the last 5 years. She has never received any holiday pay. Can she recover the holiday pay she should have received? What is the risk that if she asks for it or insists on her legal entitlement of 28 working days paid holiday per year henceforth she could lose her job (without which she would be destitute)?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What is her employer's explanation for this?

Customer:

Hallo, Ben. She has not yet raised the matter with her employer, because she is rather scared of him. She would like to know about her rights under the law before she does ask him.

Customer:

For Ben Jones. As you appear now to have steppd out of the chat and to be off-line, should I conclude that your advice is completed? Francis

Customer:

Ben- I see above "Awaiting Customer Action". What action do you now wish for frokm me?

Customer:

For Ben Jones,

Customer:

Sorry but I am confused: I cannot get your answer out on email or on this chat format, and I also see that " Expert has not finishing trhe answer".

Customer:

Would you kindly relay your answer to me [email protected]

Customer:

I shall be delighted to give a positive credit score but first I need to see your answer.

Customer:

Ben,I have got to go now but I do hope you will please email me (again?)the text of your answer, which I shall be able to read at 5 p.m. today. I shall then be delighted to give you a positive rating. Thanks. Francis Frost [email protected]

Ben Jones :

Hello Francis, apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

Assuming she is an employee and not self employed, she is entitled to a minimum of 28 days a year paid holiday, as long as she is a full time worker. If she is part time then she would get a pro rata allowance.


 


If the employer has never paid her any holidays for the past 5 years, then this would be regarded as a continuous deduction of wages and she can claim for the full period going back as far as necessary. If at some point during that time she was paid the holidays she is owed then that would amount to a break in this continuous period and she can only go back to the time she was paid something.


 


She can raise this matter directly with her employer first and ask them to pay her the money she is due without any undue delay. If they refuse, then she can potentially seek to recover this money by making a claim in the employment tribunal.


 


The employer should not treat her unfavourably for her request to get that money paid. If they seek to terminate her employment as a result, then she can also make a claim for unfair dismissal. As she has over 2 years' continuous service she will be protected against being unfairly dismissed and dismissing her for requesting she is paid what she is legally due will certainly not amount to a fair or legal reason to dismiss.


 

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

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