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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Hi I have just completed my notice and am due to start my new

Resolved Question:

Hi I have just completed my notice and am due to start my new job on Monday. I work in retail and all holiday has to be taken by end October. I have now found out that I am going to lose 6 days pay as they are saying that holiday is proportioned over 12 months.
It does state this in my contract but it also says you are not entitled to take holiday Nov,Dec and January. I was not actively looking for a job so as far as I was concerned I was using up my holiday as stated in the contract before the busy period started.
This seems very unfair. Do I have any case here?
Thank you
Sarah
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you to day. Is this holiday connected with your old job or your new one?

Customer:

My old job.

taratill :

So are you saying that they are relying on the fact that you cannot take holiday in Oct, November and Dec to refuse to pay outstanding accrued holiday?

Customer:

I did not have any holiday left. because all holiday has to be taken by the end of October, that is what I did. I went for an interview and was immediately offered a new job the beginning of October. I don't see how they can reasonably take 6 days holiday pay out of my final wages when the contract is telling me to take all holiday by end Oct.

taratill :

Ok I understand. Does the contract say that they may make a deduction from your salary for overtaken holiday?

Customer:

Yes

taratill :

ok and does it give a set number of days for a year's period?

Customer:

Yes. Paragraph 1 says entitled to 28 days paid holiday in each 12 months commencing 1 Jan. Paragraph 4 says you are not entitled to any holiday in Jan, Nov, Dec.

taratill :

Ok how much notice did you give? I need to go offline now for an hour or 2 can we continue later?

Customer:

2 weeks and 3 days. it does not state in contract that i had to give more and my new employers needed me to start on 20th Oct. My manager did agree this and said it was not a problem. ok thank you

Customer:

Hi I need some help with this today before they run the pay-roll. Thanks

taratill :

Ok the problem is that legally they are entitled to deduct the money. I appreciate that the contract was not clear as it stated you were required to take holiday in particular months but the fact you are leaving does not negate the fact that you have taken more days holiday that you are entiteld to for the period of the annual leave year that you have worked.

taratill :

Unfortuantley they are therefore entitled to deduct and there is no claim you can bring in the event that you do.

taratill :

You can appeal to their good will and ask them not to but I think that it is unlikely they will agree.

taratill :

I am sorry this is not the answer you were looking for.

taratill :

If you have any further questions please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the bes.t

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and 2 other Employment Law Specialists are ready to help you

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