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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45319
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I need legal advice on holiday carried over into

Customer Question

Hello,
I need legal advice on holiday carried over into the new year.
I had 6.2 days holiday carried over from 2013 into 2014, making my holiday entitlement for the year to a total of 29.2 day ( yearly entitlement is 23 days )
I found out I was pregnant so booked 15 days holiday for before my maternity leave start - holiday booked from 17th November and maternity leave straight after for a year.
I took another 11.5 days holiday throughout the year though. I found out this year, that the holiday I had booked then got cancelled after I left on leave in 2014.
HR have agreed to pay me 11.5 days holiday from 2014 but will not pay me a further 6 days as they say these are holiday days from 2013 and will not pay me holiday from 2 years previous.
I don't understand this as I thought that any holiday carried over would increase the holiday entitlement for the new year and therefore no holidays would be owed from 2 years previously.
can you please advise?
Many thanks *****
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.can you tell me if its in you contract that holidays can be carried forward to the next years holiday entitlement or was this just agreed with you manager.
Customer: replied 1 year ago.
Hello Ben, thank you for getting back to me. Yes, it is in my contract that we can carry 5 holiday days over, however, my Line Manager agreed to 6.2 days being carried over into the new year. I have also checked with HR and they confirm I can carry 5 holiday days into the new year as long as I use them by the end of March. And I did. Had 6 days holiday from the 12th of March
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Yes you are correct in your assumption – if your employer had agreed to allow you to carry over your holidays, then they would be expected to pay you for them as normal, as long as you comply with any terms covering this entitlement. In your case, you would have been required to take the carried over days by March of the year in which they were carried over to, which you say you did. If that was the case and there were no other conditions attached, this holiday should still be payable.
If the employer has refused to pay you then that could amount to unlawful deduction of wages. In the first instance you should consider raising a grievance to try and resolve this internally but if that does not work then you also have the option of making an employment tribunal claim to pursue them for the pay reflecting these holiday days.
This is your basic legal position. I have more detailed advice for you in terms of the steps you should follow should you decide to make a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45319
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your rating. 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 following options are available:
1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. 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
2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.
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.
Customer: replied 1 year ago.
Thank you Ben. I hope it gets sorted without having to go to court. Thank tou for your help and I'll contact you again should I need any more legal advice.
Kind regards
Luisa
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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