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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47863
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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my husband who has always been self employed started a new

Resolved Question:

my husband who has always been self employed started a new job as an employee, just over 2months ago . since then he has had to take forced holidays (3) and now he has been told at the end of the month he has to take 2 weeks forced holidays, he is not entitled to holiday pay as he has used up his holiday credits. so 1. are the employers aloud to do this ans 2 do they have to pay my husband as this is not his doing .
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 d you mean he has used up his holiday credits? Please note as it is the weekend we are not on full time so there may be a delay in responding but you will hear back from me today, thank you

Customer:

it is you get so many days holiday for the time you have worked there and every month there is holiday on his wages but with him having to take forced holidays that has gone

Ben Jones :

Hello, under the Working Time Regulations 1998, an employer has the legal right to force its employees to take holidays on nominated dates. All that is required is that they give the employee a minimum period of notice, which must be at least twice as long as the holiday to be taken. So for example, the employer could decide that they want an employee to take 2 days’ holiday on dates of their choice and all they have to do is give that employee at least 4 days’ notice of that before the leave is due to be taken.


 


Nevertheless, if he is being forced to take holidays, he must be paid for the time taken off work, even if he has not yet accrued the leave. So even if he has not worked there long enough to accrue the 2 weeks of holidays thy want him to take, they musts till pay him for it. If he then leaves before he has worked long enough to accrue this leave, they can just deduct the difference from his last pay, so that they will not lose out in any way. But as far as the leave now is concerned, even though they can force him to take it when they decide, they must still pay him for it

Ben Jones :

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

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