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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work 10 hrs a wk my boss is telling me im not entitled to

Resolved Question:

I work 10 hrs a wk my boss is telling me im not entitled to holidays or holiday pay iv work for the shop since march 2013 iv tried talking to him but he just ignores me infact he is making work difficult that iv had to go on the sick with depression and anxiety even if I put things in writing they still get ignored iv also asked him for a statement of employment but got nowhere I dont have a written contract just wondering where I stand as I feel like im being pushed out of my job and hes trying to get me to leave
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 you an employee or self employed?

Customer:

Employee

Ben Jones :

As an employee, by law you are entitled to at least 28 days of holiday a year, if you are a full time employee. If you work less than that, your entitlement will be reduced pro rata. So let’s say you work 2 days a week, then your entitlement would be 2/5 of 28 days, which is 11.2 days. The employer can tell you when to take your holidays or refuse requests by you to take specific days off but they must still give you the entitlement you get by law. If they do not and you are forced to leave or they sack you because of it then you can claim automatic unfair dismissal. Apart from that you are free to raise a formal grievance at any point – this is a formal complaint made internally to the employer. If you have to make the legal claim as mentioned above, then this is made to the employment tribunal within 3 months of your employment finishing, whether you resign or are dismissed.

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

Customer:

Coz iv worked there since march 2013 and not received any holidays am I within my right to ask my employer for my holiday pay or is it too late coz its a different tax year

Customer:

Wot happens if I raise a formal grievance and he just ignores it

Customer:

Coz iv worked there since march 2013 and not received any holiday pay am I within my right to ask my employer to pay it or is it to late coz it was last yr and also wot happens if I raise formal grievance and he just ignores it

Ben Jones :

you can go back to the start of your employment if needed, even if it was a different holiday year. If the grievance is ignored you can just make the claim in the tribunal to pursue the holidays you are owed or as mentioned you can resign and claim constructive dismissal as well, for example if you believe you cannot continue working there as a result

Customer:

Thankyou so much for your help im gonna put formal grievance in tomorrow asking for my hoilday pay and see how I get on if nothing happens then will go to tribunal

Customer:

It wont let me give u a rating it keeps saying expert has not finished answering

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