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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47600
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I have recently left my job after a spell of being off sick.

Customer Question

Hi I have recently left my job after a spell of being off sick. When I received my holiday pay owed it was short of 10 days pay. According to the payroll department my line manager told them I have had 10 days holiday this year. However this is untrue. They told me that the only people that keep a track of actual dates is myself and my line manager. I have emailed him several times to ask for the dates he believes I had holiday and he is not getting back to me with these. My holiday year runs from January to January and I was signed of sick by doctors at the end of April. Does my line manager have an obligation to send me the dates? And how do I prove I did not take time off without access to the buisness systems etc
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are there ways you can prove whee. You had time off like written requests for holidays?
JACUSTOMER-ci777yj6- : Hi no. I was general manager of the bar and any holiday requests where done verbally. But I actually haven't taken any holiday this year
JACUSTOMER-ci777yj6- : It was my area manager sayin I have taken 10 days.
Ben Jones :

Hi, if the details of your holidays are being stored somewhere, like for example documented on a system or files, then you are able to ask to see them under the Data Protection Act by making a ‘subject access request’ to the employer. They then have 40 days to respond to you with details or copies of the information you have requested.

In terms of proving whether you took the holidays or not that may not necessarily be easy but of course it would depend on the way this was done, whether there were any details in writing, or for example if you can use any witnesses which can verify that you did not take the time off etc. There is no specific way you can do this, it of curse depends on the circumstances and you will have to use whatever information is available out there to try and prove this is what happened.

The final option is to make a claim in the employment tribunal for the holidays owed and hopefully if it gets that far the employer will just pay you in order to avoid having to go through the claims process and defend the claim.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Ben
I'm all sorted now thank you. After your advice I told my boss I wanted access under the data protection act and if he failed I would file for a tribunal. He emailed within half an hour telling me the money for my holiday owed would be paid into my account
Thanks for ur advice
Expert:  Ben Jones replied 2 years ago.
Thanks for the update and glad to hear all is sorted

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