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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Started a new job on the 5th Oct 2014. When interviewed for

Customer Question

Started a new job on the 5th Oct 2014. When interviewed for that job I was then asked by my potential employer if I had any already booked holidays. I answered yes, from the 17th til the 27th Dec 2014. They said it was ok.
On the 4th Dec 2014 got that confirmed on an email.
When my Dec payment came through, I realised I haven't been paid for my holidays.
When approaching my managers regarding this they answered I had to work for 3 consecutive months in order to have paid holidays. Nobody ever mentioned this....and it's not mentioned on my employment contract.
What shall I do?
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.

Ben Jones :

Unless you have accrued the holidays in question the employer does not have to pay you for them. They may have agreed for you to be absent from work for these days but that does not mean you will get paid for them. They also do not need to have mentioned you won't get paid because legally they would not have had to pay you. They could have taken a risk and paid you and then if you left earlier than the time by which you would have accrued them, they could have deducted it from your wages, but they have chosen simply not to pay you, which they are allowed to do.

Ben Jones :

The issue would be if you actually had enough holidays at the time of taking the holidays to take at least part of it as paid holiday. Assuming you work full time, then from 5 Oct 2014 until 27 Dec 2014 you would have accrued 6.4 days' holiday. The employer must have paid you for these

Ben Jones :

So they cannot say that you need to work at least 3 months for you to accrue paid holidays - the law allows you to accrue holidays from day one of your employment and this will take precedence over your employer's policy

Ben Jones :

So if you were not paid anything for the 6.4 days you were entitled to at the time, it would amount to unlawful deduction of wages and you can make a claim against the employer in the employment tribunal for the value of the holiday pay you were due. I would suggest you raise a formal grievance first though and try to resolve this internally

JACUSTOMER-5nz9af2k- :

Hi Ben

JACUSTOMER-5nz9af2k- :

Thanks for your quick answer. I do work full time. I have a 40 hour contract. And I wasn't paid for those 10 days - 17th Dec to 27Dec. Which are not 10 days, because I had some days off. So, it means I didn't go to work for 7 days.

JACUSTOMER-5nz9af2k- :

So...from what I understand of your answer, my employer should pay for 6,4 days of those 7. Right?

Ben Jones :

yes correct because by that time under law your had accrued 6.4 days holidays so if you decided to take them as annual leave and this request was approved by the employer you can expect to be paid holiday pay

JACUSTOMER-5nz9af2k- :

I understand. So, your advice is to approach the company and try a peaceful solution. If they don't agree, what can I do?

Ben Jones :

yes, if they do not agree then you can make a claim in the employment tribunal for the money you are owed but it must be done within 3 months of the time it became due for payment, so the next pay date after the holidays

JACUSTOMER-5nz9af2k- :

Well....I will follow your advice, it was extremely helpful. Fast reply...clear answer...friendly...and handsome. I'm a pleased customer ;)

Ben Jones :

Hah many thanks and wish you all the best

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