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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46798
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have worked part time probation service

Resolved Question:

I have worked part time for the probation service for twenty years and have been in receipt of holiday pay.Last June the probation trust was reorganised and I am now employed by NOMS along with other members of our team. NOMS without any notice have now refused to pay our holiday pay.Is this legal
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you an employee or self employed? Also when you moved over to the new employer were you advised if something known as TUPE applies?
Customer: replied 2 years ago.

Hi Ben I am an employee and have been employed as a sessional worker for 20 yrs.Not sure about TUPE but have an e mail which welcomed us to the National Probation service.

It has a section 9 which states

Where as a direct consequence of the reorganisation,an employee suffers loss of earnings,s/he will receive protected pay on a mark time basis for a period of three years from the date of appointment to the new post or from whatever date the change takes effect

Expert:  Ben Jones replied 2 years ago.
Do they mean you are no longer getting paid for any holidays or are they refusing to honour past holidays from your previous employer?
Customer: replied 2 years ago.

We are no longer getting paid for holidays.We have been paid up by the probation trust

Expert:  Ben Jones replied 2 years ago.
If you are a worker (including an employee) then by law you would be entitled to paid holidays. This is not a choice for the employer, it is a legal entitlement. If you were self employed then the law does not provide for holiday pay but you have confirmed you re an employee so you should be legally entitled to holiday pay.
If the employer is refusing to give you any paid holidays then they are likely to be acting unlawfully and you are able to pursue them further for that. Not being paid holiday pay would amount to an unlawful deduction of wages and you can pursue the employer in the employment tribunal to get what you are owed.
In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.
If the employer does not return the money as requested, the time limit to claim in the tribunal is 3 months from the date the deductions were last made. If you are not being paid any holidays and this is an ongoing issue then the date from which you can claim will also be ongoing until you have actually been paid something – that is when the clock would start ticking. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals
Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46798
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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